Distributing child abuse material
51D Distributing child abuse material
S. 51D inserted by No. 47/2016 s. 16.
A person (A) commits an offence if—
A intentionally distributes material; 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).
It is not necessary to prove—
the identity of any person to whom the material was distributed; or
that another person in fact accessed the material.
It is immaterial that some or all of the child abuse material was distributed outside Victoria, so long as A was in Victoria at some or all of the time at which the material was distributed.
It is immaterial that A was outside Victoria at some or all of time at which the material was distributed, so long as some or all of the material was distributed in Victoria.
Notes
Note 1 to s. 51D amended by No. 38/2022 s. 21.
1 See section 51A(1) for the meaning of distribute.
2 Exceptions apply to this offence—see sections 51J, 51K and 51M.
3 Defences apply to this offence—see sections 51L, 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.
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