Our world has become hyper-digital and computer-focused. Images, websites, and emails can appear on our screens that we did not intend to find or see. The volume and variety of images online are limitless.
If a person is involved in making, distributing, or possessing images involving children, this could constitute a Child Exploitation Material (CEM) offence.
These charges are severe and could have a devastating impact on your life and your family’s life if not defended properly.
If you are charged with a CEM offence but know that you are innocent, you will want to contact a criminal lawyer in Brisbane right away.
What is Considered Child Exploitation Material?
Queensland law defines child exploitation material as material that a reasonable adult will consider to be offensive. This material describes or shows a person who is a child under 16 or who looks like a child under 16:
- in a sexual context;
- in an offensive or demeaning context;
- being subjected to abuse, cruelty, or torture.
The term material includes photos, videos, stories, and drawings.
Making, distributing, or possessing CEM
Queensland law says it’s a crime to make CEM, distribute it, or possess it. If convicted, you can go to jail for quite a long time. The jail time for each offense is outlined below:
- For making CEM, the maximum penalty is 20 or 25 years, depending on whether they used a hidden network or anonymising service.
- For distributing CEM, the maximum penalty is 14 years imprisonment. If a hidden network or anonymising service was used, the maximum penalty increases to 20 years
- For possession of CEM, the penalty is the same as for distribution.
Each of these offenses is even more serious if the offender was part of a criminal organisation or should have known that the material was being produced in connection with a criminal organisation.
It is also an offence to run a website if you know the website is used to distribute child exploitation material. This punishment for this offence is a maximum of 14 or 20 years, depending on the nature of the case.
How to Defend Against a CEM Charge?
If you are charged with a CEM offence, you can prove that the alleged offence was done for a genuine artistic, educational, legal, medical, scientific, or public benefit purpose. You must also show that the behavior was reasonable in the circumstances.
It is never a defense that you didn’t know the children involved were underage.
However, it is a defence if you can prove the material was a computer game, film, or publication that has been classified a PG or R or any other classification that isn’t Refused Classification (RC), which means it is banned in Australia.
If you are accused of a CEM offence, you will want to immediately look for a criminal lawyer in Brisbane with extensive experience in these matters.
Child exploitation is a horrendous crime, and taken very seriously by the criminal justice system. However, in this technological era, it is easier to be falsely accused.
It is important to note that if a person pleads guilty or is found guilty to a CEM charge they will be sentenced to a term of imprisonment, unless they can demonstrate exceptional circumstances as to why that sentence is not justified. This term of imprisonment must be served in a correctional centre.
Demonstrating “exceptional circumstances” is an extremely difficult and complex task. An experienced criminal defence layer is vital in ensuring that you receive the best possible outcome.
In such instances, you need a lawyer who will thoroughly investigate the charges, negotiate with the authorities on your behalf and represent you in court
Sources:
https://www.legislation.qld.gov.au/view/pdf/inforce/current/act-1899-009
https://www.gotocourt.com.au/criminal-law/qld/child-exploitation-material-offences/