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Procurement of a Minor for Child Pornography

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Procurement of a Minor for Child Pornography

Section 69 of the Crimes Act 1958 (Vic) sets out the offence of procurement of a minor for child pornography. In Victoria, the maximum penalty is 10 years imprisonment. A finding of guilt in relation to this offence 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 invited, caused or offered a minor to be in any way concerned in or procured a minor for the purpose of making or producing a film, photograph, publication or computer game;
  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; and
  3. That the action of the accused in so inviting, causing or offering, or in the procuring of, a minor was intentional.

 

It is not necessary for the accused to succeed in the production of child pornography to be convicted of this offence.

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