Victorian Consolidated Legislation

Crimes Act 1958 - SECT 68

Production of child pornography

68. Production of child pornography



(1) A person who prints or otherwise makes or produces child pornography is
guilty of an indictable offence punishable on conviction by level 5
imprisonment (10 years maximum).





(1A) It is a defence to a prosecution for an offence against subsection (1) to
prove, in the case of-

   (a)  a film; or

   (b)  a photograph contained in a publication; or

   (c)  a computer game-

that at the time of the alleged offence the film, publication or computer game
was classified other than RC or X or X 18+ or would, if classified, be
classified other than RC or X or X 18+.

(2) Nothing in subsection (1) makes it an offence for-

   (a)  any member or officer of a law enforcement agency; or

   (b)  a person authorised in writing by the Chief Commissioner of Police
        assisting a member or officer; or

   (c)  a person belonging to a class of persons authorised in writing by the
        Chief Commissioner of Police assisting a member or officer-

to print or otherwise make or produce child pornography in the exercise or
performance of a power, function or duty conferred or imposed on the member or
officer by or under this or any other Act or at common law.