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Distributing Child Exploitation Material - QLD

What the law says

Sections 228C of the Criminal Code Queensland states:

A person who distributes child exploitation material commits a crime

What the police must prove

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

  1. The accused distributed child exploitation material
  2. In this section-
    Distribute child exploitation material includes-
    • (a) Communicate, exhibit, send, supply, or transmit child exploitation material to someone whether to a particular person or not; and; and
    • (b) Make child exploitation material available for access by someone whether by a particular person or not
    • (c) Enter into an agreement or arrangement to do something in paragraph (a) or (b); and
    • (d) Attempt to distribute child exploitation material.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.

Maximum penalty

The Maximum penalty for the offence of Distributing child exploitation material is 10 years imprisonment.

Which court will hear the matter

This matter is indictable which means it is dealt with in the District Court.

Possible defences

Possible defences to this offence include but are not limited to

  1. The accused engaged in the conduct that is alleged to constitute the offence for genuine artistic, educational, legal, medical. Scientific or public benefit purpose; and the person's conduct was, in the circumstances, reasonable for that purpose.
  2. A classification exemption had been given to an entity for the material that is alleged to be child exploitation material; and the person engaged in the conduct that is alleged to constitute the offence for the purpose for which the exemption was given; and in a way that is consistent with the exemption, including any conditions imposed on the exemption.
  3. The material alleged to be child exploitation material is a computer game, that, under the Classification (Publication, Films and Computer Games) Act 1995 (C'wealth), is a film classified R or R 18+ or X or X 18+ or a computer game, film or publication that is classified as something other than RC.
  4. Identification i.e. not the accused

Criminal Law Article written by Bill Potts (a Queensland criminal defence lawyer who is experienced in Distributing child exploitation material matters)


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