Australian Capital Territory Numbered Acts

CRIMES LEGISLATION AMENDMENT ACT 2004 (NO. 30 OF 2004) - SECT 5

substitute

64     Using child for production of child pornography etc

    (1)     A person commits an offence if—

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

              (i)     for the production of child pornography; or

              (ii)     for a pornographic performance; and

        (b)     the child is under 12 years old.

Maximum penalty: 1 500 penalty units, imprisonment for 15 years or both.

    (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 pornography; or

              (ii)     for a pornographic performance; and

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

Maximum penalty: 1 000 penalty units, imprisonment for 10 years or both.

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

    (5)     In this section:

"child pornography" 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

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

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

64A     Trading in child pornography

    (1)     A person commits an offence if the person produces, publishes, offers or sells child pornography.

Maximum penalty: 1 200 penalty units, imprisonment for 12 years or both.

    (2)     In this section:

"child pornography"—see section 64 (5).

65     Possessing child pornography

    (1)     A person commits an offence if—

        (a)     the person intentionally possesses pornography; and

        (b)     the pornography is child pornography.

Maximum penalty: 500 penalty units, imprisonment for 5 years or both.

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

    (3)     It is a defence to a prosecution for an offence against this section if the defendant proves that the defendant had no reasonable grounds for suspecting that the pornography concerned was child pornography.

    (4)     In this section:

"child pornography"—see section 64 (5).

Part 3     Prostitution Act 1992