South Australian Consolidated Acts

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 62

62—Interpretation

In this Division—

"child" means a person under, or apparently under, the age of 16 years;

"child pornography" means material—

            (a)         that—

                  (i)         describes or depicts a child engaging in sexual activity; or

                  (ii)         consists of, or contains, the image of a child or bodily parts of a child (or what appears to be the image of a child or bodily parts of a child) or in the production of which a child has been or appears to have been involved; and

            (b)         that is intended or apparently intended—

                  (i)         to excite or gratify sexual interest; or

                  (ii)         to excite or gratify a sadistic or other perverted interest in violence or cruelty;

"disseminate"—a person disseminates child pornography if the person—

            (a)         sends, supplies, exhibits, transmits or communicates it to another, or enters into an agreement or arrangement to do so; or

            (b)         makes it available for access by another (including access by means of a computer) or enters into an agreement or arrangement to do so;

"material" includes—

            (a)         any written or printed material; or

            (b)         any picture, painting or drawing; or

            (c)         any carving, sculpture, statue or figure; or

            (d)         any photographic, electronic or other information or data from which an image or representation may be produced or reproduced; or

            (e)         any film, tape, disc, or other object or system containing any such information or data;

"pornographic nature" of child pornography means the aspects of the material by reason of which it is pornographic;

"private act" means—

            (a)         a sexual act; or

            (b)         an act involving an intimate bodily function such as using a toilet; or

            (c)         an act or activity involving undressing to a point where the body is clothed only in undergarments; or

            (d)         an activity involving nudity or exposure or partial exposure of sexual organs, pubic area, buttocks or female breasts;

"prurient purpose"—a person acts for a prurient purpose if the person acts with the intention of satisfying his or her own desire for sexual arousal or gratification or of providing sexual arousal or gratification for someone else.