Possession of child abuse material
51G Possession of child abuse material
S. 51G inserted by No. 47/2016 s. 16.
A person (A) commits an offence if A knowingly possesses 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), A possesses child abuse material that is electronic material if A controls access to the material whether or not A has physical possession of the electronic material.
It is immaterial that the electronic material was outside Victoria, so long as A was in Victoria at the time at which some or all of the conduct constituting an offence against subsection (1) occurred.
It is immaterial that A was outside Victoria at the time at which some or all of the conduct constituting an offence against subsection (1) occurred, so long as the electronic material was in Victoria.
Examples
1 A has an online storage account for electronic material accessible with a username and password. A has control of what is stored in the account and can move material around within the account or delete material from the account. A has an electronic folder in the account that A has titled 'personal' in which A puts some electronic child abuse material. A knowingly has possession of child abuse material.
2 In an online chat A is given a password for a joint email account that is shared with multiple users that A doesn't know. A logs into the email account and views emails that contain child abuse material images. While logged in A has the ability to view, move or delete emails that contain child abuse material. A continues to access the email account to view images. A knowingly has possession of child abuse material.
Notes
1 Exceptions apply to this offence—see sections 51J, 51K and 51M.
2 Defences apply to this offence—see sections 51L, 51N, 51O, 51P, 51Q, 51R and 51T.
3 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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