Recording or capturing indecent image – child under 16 years
208JF Recording or capturing indecent image – child under 16 years
A person commits an offence if:
(a) the person intentionally records or captures a visual image of another person; and
the image is indecent; and
the other person is under 14 years of age.
Maximum penalty: Imprisonment for 10 years or, for an aggravated offence, 12 years.
A person commits an offence if:
(a) the person intentionally records or captures a visual image of another person; and
the image is indecent; and
the other person is 14 or 15 years of age.
Maximum penalty: Imprisonment for 8 years or, for an aggravated offence, 10 years.
(3) Absolute liability applies to subsections (1)(b) and (c) and (2)(b).
Strict liability applies to subsection (2)(c).
(5) It is a defence to a prosecution for an offence against subsection (1) or (2) if the defendant has a reasonable excuse.
In this section:
image means a moving or still image in any form.
Examples for definition image
1 A file stored on a computer.
2 A photo stored on a phone.
Note for section 208JF
See Part V, Division 2 for offences relating to child abuse material.
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