Australian Capital Territory Current Acts

CRIMES ACT 1900 - SECT 64

    (1)     A person commits an offence if—

        (a)     the person uses, offers or procures a child—

              (i)     for the production of child exploitation material; or

              (ii)     for a pornographic performance; and

        (b)     the child is under 12 years old.

Maximum penalty:

        (a)     for an aggravated offence—1 900 penalty units, imprisonment for 19 years or both; or

        (b)     in any other case—1 500 penalty units, imprisonment for 15 years or both.

Note     Section 72AA (Aggravated offences—pt 3 offences involving family violence) makes provision in relation to an aggravated offence against this section.

    (2)     Absolute liability applies to subsection (1) (b).

    (3)     A person commits an offence if—

        (a)     the person uses, offers or procures a child—

              (i)     for the production of child exploitation material; or

              (ii)     for a pornographic performance; and

        (b)     the child is 12 years old or older.

Maximum penalty:

        (a)     for an aggravated offence—1 300 penalty units, imprisonment for 13 years or both; or

        (b)     in any other case—1 000 penalty units, imprisonment for 10 years or both.

Note     Section 72AA (Aggravated offences—pt 3 offences involving family violence) makes provision in relation to an aggravated offence against this section.

    (4)     Strict liability applies to subsection (3) (b).

    (5)     In this section:

"child exploitation material" means anything that represents—

        (a)     the sexual parts of a child; or

        (b)     a child engaged in an activity of a sexual nature; or

        (c)     someone else engaged in an activity of a sexual nature in the presence of a child;

substantially for the sexual arousal or sexual gratification of someone other than the child.

"pornographic performance "means—

        (a)     a performance by a child engaged in an activity of a sexual nature; or

        (b)     a performance by someone else engaged in an activity of a sexual nature in the presence of a child;

substantially for the sexual arousal or sexual gratification of someone other than the child.

Examples of activity of a sexual nature

1     sexual intercourse or other explicit sexual activity (whether real or simulated)

2     a striptease

"represent" means depict or otherwise represent on or in a film, photograph, drawing, audiotape, videotape, computer game, the internet or anything else.