377BH. Producing child abuse material
Feedback & supportLast amended by an amending law of 2019.
Any person who intentionally produces child abuse material knowing or having reason to believe that the material is child abuse material shall be guilty of an offence.
child abuse material
“child abuse material” means material that depicts an image of any of the following:(a)a person who is, or who appears to a reasonable observer to be, or who is implied to be, below 16 years of age —(i)as a victim of torture, cruelty or physical abuse (whether or not the torture, cruelty or abuse is sexual);(ii)as a victim of sexual abuse;(iii)engaged in, or apparently engaging in, a sexual pose or sexual activity (whether or not in the presence of another person); or(iv)in the presence of another person who is engaged in, or apparently engaged in a sexual pose or sexual activity;(b)the genital or anal region of a person who is, or who appears to a reasonable observer to be, or who is implied to be, a person below 16 years of age in circumstances (whether or not apparent from the depiction) which reasonable persons would regard as being offensive;(c)the breasts of a person who is, or who appears to a reasonable observer to be, or who is implied to be, a female below 16 years of age in circumstances (whether or not apparent from the depiction) which reasonable persons would regard as being offensive;
A person who is guilty of an offence under subsection (1) shall on conviction be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning.
For the purposes of subsection (1), the ways in which material is produced may include —
material
“material” means —(a)any film, photograph, printed matter or computer game depicting an image;(b)any electronic record depicting an image; or(c)any other thing of any kind depicting an image;
filming, printing, photographing, recording, writing, drawing or otherwise generating material;
altering or manipulating material; or
reproducing or copying material.