Involving a child in the production of child abuse material
51B Involving a child in the production of child abuse material
S. 51B inserted by No. 47/2016 s. 16.
A person (A) commits an offence if—
A intentionally involves another person (B) in the production of material; and
B is a child; and
A knows that B is, or probably is, a child; and
the material is child abuse material; and
A knows that the material is, or probably is, child abuse material.
A person who commits an offence against subsection (1) is liable to level 5 imprisonment (10 years maximum).
For the purposes of subsection (1), the ways in which A involves B in the production of material may include—
inviting or encouraging B to be involved, or offering B to be involved, in the production of the material; or
causing or allowing B to be involved in the production of the material; or
using B in the production of the material.
Notes
1 B need not be described or depicted in the material.
2 Exceptions apply to this offence—see sections 51J, 51K and 51M.
3 Defences apply to this offence—see sections 51L, 51N, 51O, 51P, 51Q and 51R.
4 A mistaken but honest and reasonable belief that reasonable persons would not regard the child abuse material as offensive is not a defence to this offence—see section 51U.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.