51DDistributing child abuse material

51D Distributing child abuse material

(a) A intentionally distributes material; and

(3) It is not necessary to prove—

(a) the identity of any person to whom the material was distributed; or

(b) that another person in fact accessed the material.

(4) 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.

(5) 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.

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.

S. 51E inserted by No. 47/2016 s. 16.