Using child for production of child exploitation material etc
64 Using child for production of child exploitation material etc
A person commits an offence if—
the person uses, offers or procures a child—
for the production of child exploitation material; or
for a pornographic performance; and
the child is under 12 years old.
Maximum penalty:
for an aggravated offence—1 900 penalty units, imprisonment for 19 years or both; or
in any other case—1 500 penalty units, imprisonment for 15 years or both.
Section 72AA (Aggravated offences—pt 3 offences involving family violence) makes provision in relation to an aggravated offence against this section.
Absolute liability applies to subsection (1) (b).
A person commits an offence if—
the person uses, offers or procures a child—
for the production of child exploitation material; or
for a pornographic performance; and
the child is 12 years old or older.
Maximum penalty:
for an aggravated offence—1 300 penalty units, imprisonment for 13 years or both; or
in any other case—1 000 penalty units, imprisonment for 10 years or both.
Section 72AA (Aggravated offences—pt 3 offences involving family violence) makes provision in relation to an aggravated offence against this section.
Strict liability applies to subsection (3) (b).
In this section:
child exploitation material means anything that represents—
the sexual parts of a child; or
a child engaged in an activity of a sexual nature; or
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 performance by a child engaged in an activity of a sexual nature; or
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 represent means depict or otherwise represent on or in a film, photograph, drawing, audiotape, videotape, computer game, the internet or anything else.
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