Possession of child pornography

Section 70 of the Crimes Act 1958 (Vic) sets out the statutory offence of possession of child pornography.  In Victoria, the maximum penalty is 5 years imprisonment. Depending on the number of charges, a finding of guilt may result in registration on the Sex Offenders Register.

Anything that you say in a police interview or to anyone else can potentially have consequences for the further conduct of your case. Seeking legal advice at the earliest opportunity is of vital importance in order to enable us to properly and expertly prepare a strategy to manage your matter.

To prove this offence, the prosecution must establish the following beyond reasonable doubt:

  1. That the accused possessed a film, photograph, publication or computer game that is classified RC or X or X 18+ or would, if classified, be classified RC or X or X 18+;
  2. That film, photograph, publication or computer game describes or depicts a person who is, or appears to be, a minor engaging in sexual activity or depicted in an indecent sexual manner or context;
  3. That the film, photograph, publication or computer game does not possess artistic merit;
  4. That the action of the accused in possessing the film, photograph, publication or computer game was intentional; and
  5. That the possession was not for a genuine medical, legal, scientific or educational purpose.

Section 70 also provides for several statutory defences to the charge.  Some defences include:

  1. Classification other than RC or X or X 18+;
  2. Artistic merit;
  3. Genuine medical, legal, scientific or educational purpose;
  4. Minor was older than 18 years or married to minor;
  5. Accused not more than 2 years older than the minor; or
  6. Accused is a minor depicted.