A person who is in possession of child pornography knowing of its pornographic nature or intending to obtain access to a child pornography, obtains access to child pornography or takes a step towards obtaining access to child pornography is guilty of an offence.
A child is defined as a child under, or apparently under, the age of 17 years.
What court will hear the matter
This matter will be dealt with in the District Court of South Australia.
What the prosecution must prove
The prosecution must prove that you had possession and intention.
There are a range of possible defences including, but not limited to, the following:
- the material was unsolicited and as soon as you became aware of the pornographic nature reasonable steps were taken to get rid of it;
- lack of intent;
- did not have possession;
- honest and reasonable mistake of fact.
The maximum penalty for a basic first offence is 5 years imprisonment and for an aggravated first offence 7 years imprisonment.
The maximum penalty for a subsequent basic offence is 7 years imprisonment and for a subsequent aggravated offence 10 years imprisonment.