Possessing Child Pornography Key Facts

Maximum Penalty

  • Subsequent aggravated offence is ten years imprisonment

Possible Defences

  • The material was unsolicited and as soon as you became aware of the pornographic nature reasonable steps were taken to get rid of it.
  • There was a lack of intent
  • you did not have possession
  • you had an honest and reasonable mistake of fact

What Is The Charge of Possessing Child Pornography?

What the law states according to South Australia

A person who is in possession of child pornography knowing of its pornographic nature or intending to obtain access to a child pornography, obtains access to child pornography or takes a step towards obtaining access to child pornography will be guilt of an offence.

A child is defined as a child under, or apparently under, the age of 17 years.

What Is The Penalty For Possessing Child Pornography?

First offence

  • The maximum penalty for a basic offence is five years imprisonment
  • The maximum penalty for an aggravated offence is seven years imprisonment

Subsequent offence

  • The maximum penalty for a subsequent basic offence is seven years imprisonment
  • The maximum penalty for a subsequent aggravated offence is ten years imprisonment

What Are The Possible Defences For Possessing Child Pornography?

It may be a defence to the charge if:

  • The material was unsolicited and as soon as you became aware of the pornographic nature reasonable steps were taken to get rid of it.
  • There was a lack of intent
  • you did not have possession
  • you had an honest and reasonable mistake of fact, e.g. Believing that person depicted in the images are over the age of 17 years.

What The Prosecution Must Prove

The prosecution must prove that you had:

  • possession
  • intention

What Court will hear the Matter

This matter will be dealt with in the District Court of South Australia

Case Studies For Similar Offences

We have defended thousands of criminal cases over many decades and constantly achieve outstanding results for our clients. Please view our results by clicking the cases below:

Possess Child Pornography

Possess Child Pornography

Reference: 1500820

Indecent Assault

Indecent Assault

Indecent Assault

Indecent Assault

Withdrawal of Aggravated Indecent Assault

Withdrawal of Aggravated Indecent Assault

Reference: 1700430

Case Study – Sex Offenders Register

Case Study – Sex Offenders Register

Reference: 1700430

Case Study – Serious Sexual Assault

Case Study – Serious Sexual Assault

Reference: 1500395

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