If you have been charged with involving a child in the production of child abuse material (formerly procurement of minor for child pornography before July 2017), here is some information to know and consider in seeking legal advice with Emma Turnbull Lawyers.
Elements of the offence
For the prosecution to prove the offence of involving a child in the production of child abuse material they must satisfy five elements of the offence. They can be found in s 51B of the Crimes Act 1958 (Vic) and are as follows:
- The accused intentionally involved a person in the production of material;
- The material was child abuse material;
- The accused knew that the material was, or probably was child abuse material;
- The person involved was a child; and
- The accused knew that the person was, or probably was a child.
Will I have to go to court?
Charges for involving a child in the production of child abuse material will usually be heard in the Supreme Court, as the nature of the charge is very serious and a successful prosecution will most likely result in a term of imprisonment. Once the case goes to court, it is up to the prosecution to prove the elements of the offence. It is important that you seek expert legal advice in building a defence as the circumstances surrounding the events that led to the charge can assist in a strong defence argument.
The maximum penalty a charge for involving a child in the production of child abuse material is 10 years imprisonment, known as Level 5 imprisonment.
What sentences are usually given?
Sexual offences against children often carry lengthy imprisonment terms where the accused is found guilty. Recent updates to the Crimes Act make exact statistics related to this offence unavailable as it is a new offence.
What do I do now?
To ensure the best chance of a successful defence, it is important to get in contact with an expert criminal lawyer as soon as possible. At Emma Turnbull Lawyers, we have experienced criminal defence lawyers who can assist you in defending this charge.