What the law says
Sections 228A of the Criminal Code Queensland states:
A person who involves a child in making of child exploitation material commits a crime
What the police must prove
beyond a reasonable doubt.
- The accused involved a child in the making of child exploitation.
- In this section-
Involves a child in the making of child exploitation material includes
- (a) in any concerns a child in the making of child exploitation material
- (b) attempts to involve a child in the making of child exploitation material
It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.
The Maximum penalty for the offence of Involving child in making child exploitation material is 10 years imprisonment.
Which court will hear the matter
This matter is indictable which means it is dealt with in the District Court.
Possible defences to this offence include but are not limited to
- The accused engaged in the conduct that is alleged to constitute the offence for genuine artistic, educational, legal, medical. Scientific or public benefit purpose; and the person’s conduct was, in the circumstances, reasonable for that purpose.
- A classification exemption had been given to an entity for the material that is alleged to be child exploitation material; and the person engaged in the conduct that is alleged to constitute the offence for the purpose for which the exemption was given; and in a way that is consistent with the exemption, including any conditions imposed on the exemption.
- The material alleged to be child exploitation material is a computer game, that, under the Classification (Publication, Films and Computer Games) Act 1995 (C’wealth), is a film classified R or R 18+ or X or X 18+ or a computer game, film or publication that is classified as something other than RC.
- Identification i.e. Not the accused