Renowned for Strong Criminal Law Defence
Understanding Child Exploitation Material (CEM) Offences
Under Queensland law, the term Child Exploitation Material (CEM) refers to what is commonly known as child pornography. Possessing CEM is a serious criminal offence under section 228D of the Criminal Code (QLD) and is treated with utmost severity by both State and Federal authorities. Offending behaviour may also fall under a range of related charges involving access, distribution, and production.
What Is Considered Child Exploitation Material?
CEM is defined in the legislation as material that, in a way likely to cause offence to a reasonable adult, depicts or describes a person who is, or appears to be, under the age of 16:
- In a sexual context, including engaging in sexual activity;
- In an offensive or demeaning context; or
- Being subjected to abuse, cruelty, or torture.
The term “material” includes any data that can generate text, images, or sound — meaning it encompasses photos, videos, written content, and digital files.
Book an appointment
Penalties for Possession of CEM in Queensland
Possession of CEM carries a maximum penalty of 14 years’ imprisonment. This increases to 20 years’ imprisonment if the offence involved the use of anonymising technology, such as:
- A virtual private network (VPN);
- The dark web;
- Other concealed or encrypted services.
In many cases, mandatory terms of actual imprisonment apply under the Penalties and Sentences Act 1992, unless exceptional circumstances can be established.
Related Federal and State Offences
CEM-related offences can be pursued under both Queensland legislation and Commonwealth (federal) laws, depending on the nature of the offence. Common additional or alternative charges include:
- Using a carriage service to access, transmit, or possess CEM;
- Producing or distributing CEM;
- Accessing illegal websites or networks.
Federal charges are typically prosecuted under the Criminal Code Act 1995 (Cth) and often involve complex technical and jurisdictional issues.
Why You Need Skilled Legal Representation
These offences carry significant legal, reputational, and personal consequences. Investigations often involve:
- Police searches and digital forensics;
- Seizure of personal devices;
- Surveillance or covert monitoring.
Experienced criminal defence lawyers can identify whether evidence was lawfully obtained, whether you may have a legal defence, and how to mitigate sentencing outcomes. In some circumstances, early legal intervention can lead to charges being withdrawn or reduced.
Get Us in Your Corner
At Jones + Associates, our criminal lawyers have in-depth experience in defending clients charged with CEM and related digital offences. We understand the sensitivity and complexity of these matters and offer discreet, non-judgmental, and strategic legal advice from the outset.
If you or someone you know is being investigated or has been charged, contact our office immediately on (07) 3229 3166 for expert legal assistance.
Practice Areas