Child exploitation material includes child pornography and material that is likely to offend a reasonable person due to it describing, depicting, or representing a person, or part of a person, who is, or appears to be, a child in an offensive or demeaning context; or being subjected to abuse, cruelty or torture (whether or not in a sexual context).
In Western Australia, under Chapter XXXV of the Criminal Code, a person can be charged with the following crimes:
- Involving a child in child exploitation by inviting, causing, offering, or procuring a child to be involved in the production of child exploitation material which is liable to imprisonment for 10 years.
- Producing child exploitation material which is liable to imprisonment for 10 years.
- Distributing child exploitation material which is liable to imprisonment for 10 years.
- Possessing child exploitation material with the intention of distributing the material which is liable to imprisonment for 10 years.
- Possession of child exploitation material which is liable to imprisonment for 7 years.
Offences related to child exploitation material are very serious and unless exceptional circumstances exist, generally result in terms of immediate imprisonment due to the immeasurable harm caused to children.
The seriousness of a particular offence can depend on the gravity of the sexual activity, the level of perversion, the number of children involved and their age or apparent ages, the number of videos or images the subject of each charge, whether there was any sale/distribution or intention to do so and whether the offender profited or was likely to profit from the charged offence/s.
If you require any legal advice or legal representation regarding any child exploitation offences, contact Prime Law. Our experienced solicitors can provide you with advice, represent you in Court and guide you through the legal process.
The content of this website is informative only, it is not legal advice. The penalties stated herein are also subject to change by way of amendments to the Criminal Code in WA.