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    Child Pornography

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      Best Child Pornography Lawyers

      Our criminal lawyers for child pornography charges have years of experience in defending clients. We have an extensive track record of breaking apart prosecution cases to have charges withdrawn early in the proceedings. You can view some recent cases for these charges here.

      We understand the stigma that comes with such allegations and the impact it can have on your employment and family life.

      Contact us now to speak to our Law Society accredited specialist criminal lawyer who can quickly assess your case and determine whether any defences are open to you.

      WHAT SHOULD I DO?

      • PLEADING NOT GUILTY

        What is Use carriage service for child pornography material?

        Section 474.19 of the Criminal Code 1995 (NSW) sets out that if you use a electronic form of communication to access child pornography, you can be guilty of an offence.

         

        How do you beat a Child pornography charge?

        You can fight a using carriage service for child pornography material charge in two ways. Firstly, the prosecution must prove beyond reasonable doubt:

        1. You used a carriage service;
        2. To access, transmit, make available, publish, distribute, advertise, promote, or solicit material; and
        3. That material was child pornography.

        If any of these elements are not made out, then you can be found ‘not guilty’.

        Secondly, you can rely on one of the defences.

         

        What is a carriage service?

        A carriage service includes a mobile phone, email, social media account or other similar electronic forms of communication.

        What are the Defences to child pornography charges?

        The following defences are available:

        1. Intention:If the prosecution cannot prove you intended to access, transmit, make available, publish distribute, advertise, promote or solicit the material.
        2. You were acting for a genuine lawful purpose (ie. law enforcement officer, security, or intelligence officer acting in the course of your duty, acting in the administration of justice, or conducting educational, medical or scientific research)
        3. The prosecution cannot prove that the material is child pornography. We have a team of experts who may be able to provide a paediatric opinion that the person(s) depicted in the images/videos are over the age of 18 years old.
        4. Duress: You were forced to commit the offence

        Our child pornography lawyers specialise in these types of cases.

        Contact us now to speak to our team of senior criminal lawyers.

      • PLEADING GUILTY

        If you have received advice that there are no defences open to you, you should consider pleading guilty. See our guide for pleading guilty to child sexual offences.

        Please bear in mind that this is a general guide and you should speak to a specialist child pornography solicitor to give you advice tailored to your case and represent you in Court.

        What is the penalty for child pornography?

        The maximum penalty for using a carriage service for child pornography is 15 years imprisonment of up to 15 years.

        What are the Possible Sentences for child pornography?

        • Below is a list of possible sentences:
        • Section 19B non conviction
        • Fine
        • Section 20 Conditional Release (with conviction)
        • Community Correction Order
        • Recognizance Release Order (suspended sentence)
        • Intensive Corrections Order
        • Full Time Imprisonment
        • Will you go to jail for child pornography charges?

        Looking at statistics over the last 5 years for use carriage service to access child pornography cases, 61% of offenders received a sentence of full-time imprisonment. The remaining offenders received criminal convictions.

        As you can see, a jail sentence is a real possibility. As such, you should speak to one of our specialist criminal defence solicitors for child pornography charges.