CHILD EXPLOITATION MATERIAL OFFENCES

In Queensland, the definition of child exploitation material is set out in section 207A of the Criminal Code Act 1899 (Qld). It includes any material — such as photographs, videos, cartoons, computer‑generated images, or written descriptions — that depicts or describes a child (or a person who appears to be a child) in a sexual context, or in a way that would be considered offensive, abusive, or demeaning by a reasonable adult.

The definition is deliberately broad and extends far beyond photographs. Even drawings, digital images, or text can fall within the law. If you are under investigation, it is vital to seek legal advice immediately to understand how this definition may apply to your situation.

The penalties for child exploitation material offences in Queensland are among the most severe in the Criminal Code Act 1899 (Qld). Under the Penalties and Sentences Act 1992 (Qld), s 9(6A), courts must impose a sentence that includes actual imprisonment for these offences unless exceptional circumstances exist. Maximum penalties include:

- Making or distributing child exploitation material (ss 228B, 228C): up to 20 years imprisonment, or 25 years if committed using a hidden network or anonymising service.

- Possessing child exploitation material (s 228D): up to 14 years imprisonment, or 20 years if using a hidden network.

- Administering child exploitation material (s 228E): up to 20 years imprisonment, or 25 years if using a hidden network.

Even possession alone can result in a prison sentence, and the law requires courts to order actual custody unless exceptional circumstances can be shown. If you are facing a child exploitation material charge in Queensland, urgent legal advice is essential to protect your rights and work towards the best possible outcome.

To secure a conviction for a child exploitation material offence in Queensland, the prosecution must prove each element of the offence beyond reasonable doubt. Depending on the charge, this generally includes:

- That the material is “child exploitation material” as defined in s 207A of the Criminal Code Act 1899 (Qld).

- That you engaged in the conduct alleged, for example:

- Possession (s 228D): that you had the material in your custody or control, and that you knew it was child exploitation material.

- Making (s 228B): that you created, produced, or brought the material into existence.

- Distributing (s 228C): that you supplied, sent, or made the material available to others.

- Administering (s 228E): that you managed or controlled access to the material (such as operating a site or platform).

- Knowledge or intent — the prosecution must show you were aware of the nature of the material, not that it came into your possession by accident or without your knowledge.

The prosecution must prove both the nature of the material and your knowledge or involvement. These cases move quickly and carry severe consequences — it is critical that you obtain urgent legal advice to protect your rights from the very start.

While child exploitation material offences carry severe penalties, there are circumstances where a legal defence may be available. Possible defences include:

- Lack of knowledge – you did not know, and could not reasonably have known, that the material was child exploitation material.

- No possession or control – the prosecution cannot prove you had custody, control, or access to the material.

- Mistaken identity or lack of involvement – you were not the person who made, distributed, or administered the material.

- Other legal defences – such as duress, necessity, or honest and reasonable mistake of fact, depending on the circumstances.

Every case turns on its own facts. If you are charged, it is critical to obtain urgent legal advice so that any available defence can be identified and raised at the earliest opportunity.

A conviction for a child exploitation material offence in Queensland has life‑changing consequences that extend well beyond the court sentence. In addition to imprisonment, a conviction will:

- Create a permanent criminal record that cannot be removed.

- Often trigger reporting obligations under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 (Qld).

- Often severely impact your employment, reputation, and ability to travel internationally.

- Place significant strain on your family and personal relationships.

The consequences of a conviction are immediate and long‑lasting. If you are under investigation or facing charges, it is critical to obtain urgent legal advice to protect your future and minimise the consequences.

Facing a child exploitation material investigation or charge is overwhelming and can feel isolating. At Coral Coast Law, we provide professional, discreet, and strategic representation to protect your rights at every stage.

- Early intervention: We guide you through police interviews and investigations to minimise risks from the outset.

- Strong defence strategies: We carefully analyse the evidence, identify weaknesses in the prosecution case, and explore any available defences.

- Court representation: We advocate firmly on your behalf, working to achieve the best possible outcome in difficult circumstances.

- Support: We understand the stress these matters cause and provide clear, practical advice to help you make informed decisions.

If you are under investigation or facing charges, you do not have to go through it alone. Contact Coral Coast Law immediately for confidential, professional advice and representation.