New South Wales Consolidated Acts

CRIMES ACT 1900 - SECT 91G

91G Children not to be used for pornographic purposes

(1) Any person who:

(a) uses a child who is under the age of 14 years for pornographic purposes, or

(b) causes or procures a child of that age to be so used, or

(c) having the care of a child of that age, consents to the child being so used or allows the child to be so used,

is guilty of an offence.

Maximum penalty: imprisonment for 14 years.

(2) Any person who:

(a) uses a child who is of or above the age of 14 years for pornographic purposes, or

(b) causes or procures a child of that age to be so used, or

(c) having the care of a child of that age, consents to the child being so used or allows the child to be so used,

is guilty of an offence.

Maximum penalty: imprisonment for 10 years.

(3) For the purposes of this section, a child is used by a person for pornographic purposes if:

(a) the child is engaged in sexual activity, or

(b) the child is placed in a sexual context, or

(c) the child is subjected to torture, cruelty or physical abuse (whether or not in a sexual context),

for the purposes of the production of pornographic material by that person.

(4) For the purposes of this section, a person may have the care of a child without necessarily being entitled by law to have the custody of the child.

(5) Where on the trial of a person for an offence under subsection (1) the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of an offence under subsection (2), it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.