Disclaimer: The following content on child abuse material in NSW may contain graphic descriptions about child abuse. We only intend to inform readers about important laws about child abuse. If you are a witness of child abuse or if you know that a child is in danger or harm, please contact your local authorities or a child abuse lawyer.
This article will highlight provisions about child abuse material under the Crimes Act 1900. Child abuse is a serious offence under criminal and family law matters. This act is any form of maltreatment on a child by an adult or parent. It can take various forms, and includes:
- Physical abuse: Deliberately harming a child through physical means, causing injuries like bruises, cuts, or broken bones.
- Sexual abuse: Any form of sexual contact or exploitation of a child, which is always illegal and harmful, regardless of the age or gender of the child or perpetrator.
- Emotional or psychological abuse: Hurting a child’s emotional well-being through verbal abuse, threats, intimidation, humiliation, or rejection.
- Neglect: Failing to provide a child with their basic needs, such as food, shelter, clothing, medical care, supervision, or affection.
It’s important to understand that child abuse can occur in various settings and can be inflicted by different individuals aside from parents. This may include other family members, caregivers, teachers, coaches, or strangers. Read on to learn more about child abuse material in NSW.
Section 91FA: Definitions Under Child Abuse Material in NSW Provisions
Before we define child abuse material in NSW, let’s define important terms under this division. Section 91FA defines key terms used in the law related to child abuse material which are:
- Child: Refers to anyone under 16 years old.
- Child abuse material: The definition for this term is provided in a separate section (91FB).
- Data: Encompasses any type of information or computer programs.
- Deal (in relation to child abuse material): Covers various actions involving this material, including viewing, uploading, downloading it or making it available for others to view, upload, or download, or facilitating (helping) others to view, upload, or download it.
- Material: Refers to various types of media, including films, printed materials, digital data, or computer images (including pictures and videos)
- Young person: Refers to individuals aged 16 to 17 years old.
Section 91FB: Meaning of Child Abuse Material in NSW
This Section of child abuse material in NSW define child abuse material, that refers to any content that depicts or describes a child in a harmful or offensive way. It’s crucial to understand that this material is illegal and can have severe consequences for those who create, possess, or distribute it. So, what is considered child abuse material? This can include:
1. Images or descriptions of a child:
- Experiencing torture, cruelty, or physical abuse.
- Engaged in or appearing to be engaged in sexual activity (alone or with others).
- In the presence of someone engaged in sexual activity.
2. Depictions of a child’s private parts, including:
- Genital or anal areas (covered or uncovered).
- Breasts (female, transgender, or intersex identifying as female).
How is child abuse material in NSW determined to be offensive? The law considers the following factors to determine if material is considered offensive by reasonable adults:
- General standards of morality, decency, and propriety.
- The material’s artistic, literary, or educational value.
- Its journalistic merit, if it reports on a matter of public interest.
- The general character of the material, including its medical, legal, or scientific nature.
It’s important to note that even if altered or manipulated to depict a child in a harmful way, representations of people or their private parts are still considered child abuse material.
Section 91G: Children Not to Be Used for Production of Child Abuse Material
Section 91G of child abuse material in NSW safeguards children from being used in the production of child abuse material. Here’s a breakdown of its offences and penalties.
Offences
- Using a child under 14 years old to create child abuse material is illegal.
- Causing, procuring, or allowing such use, especially by someone entrusted with the child’s care, also constitutes an offence.
- Using a child 14 years or older for child abuse material production is also illegal, with lesser penalties compared to using younger children.
Penalties
- Offences involving children under 14 carry a maximum penalty of 14 years imprisonment.
- Offences involving children 14 or older carry a maximum penalty of 10 years imprisonment.
- Increased penalties (up to 20 years imprisonment) apply in aggravated circumstances, such as:
- The victim being under 10 years old.
- Infliction of physical harm or threats.
- Involvement of multiple offenders.
- Victim dependency on the offender.
- Victim’s physical or cognitive disability.
- Taking advantage of the victim’s intoxication.
- Depriving the victim of liberty.
- Breaking and entering a dwelling with intent to commit the offence.
Additional Points
- Knowledge of the child’s exact age is not required for prosecution.
- If the prosecution for aggravated circumstances fails, the court can convict for the lesser offence.
- Having “care” of a child for the purpose of this law doesn’t require legal custody.
- Juries have the flexibility to find a defendant guilty of a lesser offence based on evidence.
- Only authorised individuals can initiate legal proceedings against children or young persons for offences under this section.
Section 91H: Production, Dissemination or Possession of Child Abuse Material
Section 91H of child abuse material in NSW outline the illegal activities related to child abuse material including:
1. Production:
- Filming, photographing, printing, or otherwise creating child abuse material.
- Altering or manipulating images to create child abuse material.
- Entering into agreements to produce child abuse material.
2. Dissemination:
- Sending, supplying, exhibiting, transmitting, or communicating child abuse material to another person.
- Making child abuse material accessible to another person.
- Entering into agreements to disseminate child abuse material
3. Possession:
- Having physical control of child abuse material, such as photographs or videos.
- Having control of data constituting child abuse material, like digital files.
Engaging in any of the above activities related to child abuse material in NSW is an offence punishable by a maximum 10-year imprisonment. Only authorised individuals can initiate legal proceedings against children or young persons for offenses under this section.
Importance of Seeking Legal Advice
The act of spreading information or material about child abuse is a serious offence with significant legal ramifications. Hence, it is crucial to understand the legal complexities surrounding such sensitive situations.
We at JB Solicitors can provide competent legal advice about such matters. We can help with various family and criminal law matters that may endanger children.
Contact us today if you need more information about child abuse material in NSW.
