What is Possession of Child Exploitation Materials?

If a person is charged under section 63A of the Act, the Office of The of Director of Public Prosecutions (DPP) must prove beyond a reasonable doubt that the accused possessed child exploitation material / pornography, knew that the material was child pornography, and intended to use the material for sexual gratification.

Following a police interview and upon being charged for possession of child exploitation material, the accused appears in the Magistrates Court of South Australia, and the case is later committed to the District Court for trial or sentencing.

If you are charged with this offence, you should seek legal representation and advice at the earliest opportunity from a specialist criminal defence lawyer. Our experienced criminal lawyers can assist you with the preparation of your defence and represent you at Court hearings in the Magistrates Court, District Court and Supreme Court of South Australia.

If you are guilty of the offence, we can assist you by entering your plea of guilty and making submissions on your behalf to try and get the penalty reduced.

Our experienced criminal defence lawyers have successfully represented many individuals who were charged with possession of child exploitation material in South Australia.

Our successful outcomes in these cases relied on employing any number of defences including but not limited to:

1. Accidental possession (for example due to a computer virus or malware), unsolicited material.
2. Lack of awareness regarding the material’s nature.
3. A genuine belief that the person depicted in the child exploitation or pornography materials was over the age of 17.
4. Lack of possession.

Understanding the penalties and consequences is essential when facing charges for possession of child pornography or child exploitation materials in Adelaide.

Penalties for Basic & Aggravated Possession of Child Exploitation Material 

The maximum penalty is 12 years’ imprisonment for basic possession and 14 years for aggravated possession, depending on factors like the number of images or videos, the actual or perceived age of the child, and the intended use of the material.

What is Aggravated Possession of Child Exploitation Material?

Aggravated possession of child exploitation material includes offences where the accused knew the victim was under 14 or other general aggravating factors as per s 5AA of the Criminal Law Consolidation Act 1935, (SA).

Convictions for possession of child exploitation material in South Australia have lasting lifelong consequences, including:

• Lengthy terms of imprisonment.
• Fines, including payment of Court Costs, Prosecution Costs and a Victims of Crime Levy and potentially Victims of Crime Compensation.
• Having to report personal details to the Commissioner of Police under the Child Sex Offenders Registration Act 2006 (SA).
• Difficulty finding employment and housing.
• Social stigma.
• Loss of civil liberties or professional standing.

If you, or someone you know, are facing charges related to possessing child pornography and or child exploitation materials in South Australia, it is critical to book a free consultation with a criminal defence lawyer specialising in child exploitation and pornography offences in Adelaide. We will work tirelessly to protect your rights and achieve the best possible outcome for your case.

Yes, a prior criminal record, particularly involving sex offences, may be considered by the court and could potentially lead to lengthier terms of imprisonment.

This is often proven through evidence such as communication records, search history, or testimony that shows the accused sought out, used, or shared the material for sexual purposes.