Victorian Current Acts Victorian Current Acts(1) A does not commit an offence against section 51B(1), 51C(1), 51D(1), 51G(1) or 51H(1) if—
(a) A is a child; and
(b) the child abuse material is an image; and
(c) the image depicts A alone.
Example
A is 15 years old and takes a photograph of themselves. A stores the photograph on their mobile phone. The offences in 51B(1), 51C(1), 51D(1), 51G(1) or 51H(1) do not apply to A in respect of the image.
Note
Section 51O may apply if A is an adult.
(2) A does not commit an offence against section 51B(1), 51C(1), 51D(1), 51G(1) or 51H(1) if—
(a) A is a child; and
(b) the child abuse material is an image; and
(c) A is the victim of a criminal offence punishable by imprisonment and the image depicts that offence.
Example
The image depicts the child (A) being raped by another person. The offences in sections 51B(1), 51C(1), 51D(1), 51G(1) and 51H(1) do not apply to A in respect of the image.
(3) In subsections (1) and (2), a reference to an image, in relation to an offence against section 51B(1), is a reference to the image that A involves the child in producing.
Note
References to A in this section are references to the same A referred to in sections 51B, 51C, 51D, 51G and 51H.
S. 51N inserted by No. 47/2016 s. 16.