ACTIn ForceAct
Crimes Act 1900
64Using child for production of child exploitation material
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64 Using child for production of child exploitation material
etc
(a) the person uses, offers or procures a child—
(i) for the production of child exploitation material; or
(ii) for a pornographic performance; and
(b) the child is under 12 years old.
(a) for an aggravated offence—1 900 penalty units, imprisonment
for 19 years or both; or
(b) in any other case—1 500 penalty units, imprisonment for
15 years or both.
(2) Absolute liability applies to subsection (1) (b).
(a) the person uses, offers or procures a child—
(i) for the production of child exploitation material; or
(ii) for a pornographic performance; and
(b) the child is 12 years old or older.
(a) for an aggravated offence—1 300 penalty units, imprisonment
for 13 years or both; or
(b) in any other case—1 000 penalty units, imprisonment for
10 years or both.
(4) Strict liability applies to subsection (3) (b).
child exploitation material means anything that represents—
(a) the sexual parts of a child; or
(b) a child engaged in an activity of a sexual nature; or
(c) someone else engaged in an activity of a sexual nature in the
presence of a child;
substantially for the sexual arousal or sexual gratification of someone
other than the child.
pornographic performance means—
(a) a performance by a child engaged in an activity of a sexual
nature; or
(b) a performance by someone else engaged in an activity of a
sexual nature in the presence of a child;
substantially for the sexual arousal or sexual gratification of someone
other than the child.
Examples of activity of a sexual nature
1 sexual intercourse or other explicit sexual activity (whether real or simulated)
2 a striptease
represent means depict or otherwise represent on or in a film,
photograph, drawing, audiotape, videotape, computer game, the
internet or anything else.