South Australian Consolidated Acts South Australian Consolidated Acts63A—Possession of child pornography
(1) A person
who—
(a) is
in possession of child pornography knowing of its pornographic nature; or
(b)
intending to obtain access to child pornography, obtains access to child
pornography or takes a step towards obtaining access to child pornography,
is guilty of an offence.
Maximum penalty:
(a) for
a first offence—
(i)
if it is a basic offence—imprisonment for 5 years;
(ii)
if it is an aggravated offence—imprisonment for 7
years;
(b) for
a subsequent offence—
(i)
if it is a basic offence—imprisonment for 7 years;
(ii)
if it is an aggravated offence—imprisonment for 10
years.
(2) It is a defence to
a charge of an offence against subsection (1) to prove that the material
to which the charge relates came into the defendant's possession unsolicited
and that the defendant, as soon as he or she became aware of the material and
its pornographic nature, took reasonable steps to get rid of it.
(3) In determining
whether an offence against subsection (1) is a first or subsequent
offence, a court must treat a previous offence involving child pornography
against any provision of this Division, or a corresponding previous enactment,
as a previous offence.