Why Choose Jones + Associates for Child Exploitation Material matters
C
hild pornography is known at law as Child Exploitation Material (CEM) and its possession is an offence under Section 228D of the Queensland Criminal Code. The penalty for a person who knowingly possesses CEM is 14 years imprisonment which is increased to 20 years if the person used a hidden network or an anonymising service in committing the offence (such as a VPN).
Under the Act, CEM is defined as:
– material that, in a way likely to cause offence to a reasonable adult, describes or depicts a person, or a representation of a person, who is, or apparently is, a child under 16 years—
(a) in a sexual context, including for example, engaging in a sexual activity; or
(b) in an offensive or demeaning context; or
(c) being subjected to abuse, cruelty or torture.
Material means anything that contains data from which text, images or sound can be generated.
The Penalties and Sentences Act 1992 imposes mandatory terms of imprisonment for possession of CEM unless there are exceptional circumstances.
There are other related offences that both state and federal investigators often pursue such as using a carriage service to access CEM, produce CEM and/or distribute CEM. Given the offences can variously be investigated and prosecuted pursuant to either State or Federal laws, which operate pursuant to differing laws and sentencing regimes.
It is vital to obtain experienced legal representation from Jones + Associates in order to understand the complexities of this offence or any related offences.
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Think of Queensland’s most prominent criminal law cases and it’s likely that Jones + Associates, Director, Alex Jones has been involved.
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