Child abuse material offences — formerly known as child pornography offences — are prosecuted under both Victorian and Commonwealth law, and almost always involve detailed forensic analysis of electronic devices. They commonly attract a term of imprisonment on conviction. McMahon Criminal Defence Lawyers defends these matters with discretion and technical rigour across Victoria, on fixed fees. See also our main sexual offences page.
Victorian Offences (Sections 51B–51H)
The Crimes Act 1958 contains a series of offences concerning child abuse material, including involving a child in its production (s 51B), producing it (s 51C), distributing it (s 51D), administering or encouraging use of a website to deal with it (ss 51E, 51F), knowingly possessing it (s 51G), and accessing it (s 51H). The maximum penalty for these Victorian offences is 10 years’ imprisonment. “Possession” extends to controlling access to electronic material — physical possession of files is not required.
Commonwealth Offences
Where a carriage service — the internet, a phone network or similar — is involved, separate Commonwealth offences apply under the Criminal Code, including using a carriage service to access, transmit, make available, publish or distribute child abuse material (s 474.22) and possessing or controlling such material obtained through a carriage service (s 474.22A). The maximum penalty for these offences is 15 years’ imprisonment, with aggravated forms carrying higher maximums. These matters are investigated by the Australian Federal Police and prosecuted by the CDPP under a distinct federal sentencing regime.
What is Child Abuse Material?
The definition is broad and consistent across both regimes. It covers material that depicts or describes, in a way a reasonable person would find offensive, a person who is or appears to be under 18 engaged in sexual activity or a sexual pose, or depicting their private parts, among other categories. The breadth of the definition, and questions of knowledge and possession, are frequently central to the defence.
Defending the Charge
- Knowledge and possession — whether the accused knowingly possessed or controlled the material, a key issue with shared devices, automatic downloads and cached files;
- Device attribution — whether the material can be attributed to the accused;
- Unlawfully obtained evidence — challenging the legality of a search or seizure; and
- Charge analysis across the State and Commonwealth regimes, which materially affects penalties and outcomes.
These are serious charges almost always involving forensic device analysis. Do not speak to police before getting advice. Contact us first.
Frequently Asked Questions
What is the maximum penalty for child abuse material offences?
Victorian offences under sections 51B to 51H of the Crimes Act 1958 carry a maximum of 10 years’ imprisonment. Commonwealth carriage-service offences carry a maximum of 15 years, with aggravated forms higher. A term of imprisonment is a common outcome on conviction.
Can I be charged if the files were on a shared or family computer?
Possibly, but knowledge and control are essential elements. The prosecution must prove you knowingly possessed or controlled the material. Shared devices, automatic downloads and cached files can all raise genuine issues about knowledge and possession that a careful defence will examine.
What is the difference between the Victorian and Commonwealth charges?
Victorian charges arise under the Crimes Act 1958 and are prosecuted by Victoria Police and the OPP. Commonwealth charges apply where the internet or a phone network was involved, are investigated by the AFP and prosecuted by the CDPP under a separate federal sentencing regime. The two are often charged together.
Does ‘possession’ require having physical files?
No. Under Victorian law, possession extends to controlling access to electronic material — for example, controlling access to an online storage location. Physical possession of files on a device is not required for the offence to be made out.
Will I go on the Sex Offenders Register?
Conviction for child abuse material offences generally carries mandatory sex offender registration, with ongoing reporting obligations. The reporting period depends on the offence and circumstances. This is one of the significant consequences that makes early, strategic legal advice important.
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If you are under investigation or have been charged, contact us before taking any other step — including before any police interview. We provide experienced, discreet, fixed-fee representation across Victoria.
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