Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 228

228 Obscene publications and exhibitions

(1) Any person who knowingly, and without lawful justification or excuse—

(a) publicly sells, distributes or exposes for sale any obscene book or other obscene printed or written matter, any obscene computer generated image or any obscene picture, photograph, drawing, or model, or any other object tending to corrupt morals; or

(b) exposes to view in any place to which the public are permitted to have access, whether on payment of a charge for admission or not, any obscene picture, photograph, drawing, or model, or any other object tending to corrupt morals; or

(c) publicly exhibits any indecent show or performance, whether on payment of a charge for admission to see the show or performance or not;

is guilty of a misdemeanour, and is liable to imprisonment for 2 years.

(2) In the case of an offence defined in subsection (1) (a) or (b) , if the matter or thing is obscene or tends to corrupt morals by reason of depicting a person who is or is represented to be—

(a) a child under the age of 16 years—the offender is liable to imprisonment for 5 years; or

(b) a child under the age of 12 years—the offender is liable to imprisonment for 10 years.

(3) In the case of an offence defined in subsection (1) (c) , if a person appearing in the indecent show or performance is or is represented to be—

(a) a child under the age of 16 years—the offender is liable to imprisonment for 5 years; or

(b) a child under the age of 12 years—the offender is liable to imprisonment for 10 years.

(4) It is a defence to a charge of any of the offences defined in this section to prove that it was for the public benefit that the act complained of should be done.

(5) Whether the doing of any such act is or is not for the public benefit is a question of fact.

(5A) Section 207A , definition distribute , does not apply to this section.

(6) In this section—

"computer generated image" means electronically recorded data capable, by way of an electronic device, of being produced on a computer monitor, television screen, liquid crystal display or similar medium as an image, including an image in the form of text.