Possessing Child Exploitation Material (CEM)

Possessing Child Exploitation Material (CEM) Charges

Possessing Child Exploitation Material (CEM) Charges? We can assist you if you have been charged in Brisbane, Ipswich, Beenleigh, and Southport.

There are a range of offences in relation to CEM (child exploitation material) under Queensland and Commonwealth legislation. Child exploitation material under the Queensland Criminal Code is defined as material that, in a way likely to cause offence to a reasonable adult, describes or depicts a person, or a representation of a person, who is, or apparently is, a child under 16 years of age in a sexual context; in an offensive of demeaning context; and/or being subjected to abuse, cruelty or torture. Material includes anything that contains data from which text, images or sound can be generated.

The Commonweal Criminal Code relates to similar charges concerning a child. Distinguishing this from the Queensland legislation, it uses differently terminology and broadens the definition to include material that depicts a person, or representation of a person, who is, or appeared to be, under 18 years of age. The offences people are charged with at the Commonwealth level typically relate to use of a carriage service.

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Types of CEM Charges

Queensland offences relate broadly to the actual possession, distributing or making of child exploitation material, while the Commonwealth offences relate to the use of a carriage service. As such, it is common to see a person charged under both Queensland and Commonwealth legislation. The courts are able to deal with all of these offences together and the matter will likely proceed to the District Court. Offences we may see combined from both jurisdictions include, but are not limited to:

Possessing or Possession
This is a where a person, who knowingly possess child exploitation material, commits a crime. The maximum penalty for this offence is 14 years imprisonment. A person who uses a hidden network or anonymising service in committing the offence, which increases that maximum penalty to 20 years imprisonment.
Distributing or Distribution
is where a person, who distributes child exploitation material, commits a crime. The penalties are the same as possession.
Making or Make
This charge involve producing or attempting to make child exploitation material. If a person has done so, they commit a crime. The penalty for this offence is 20 years imprisonment. If the person uses a hidden network or anonymising service, the penalty is increased to 25 years.
Use a Carriage Service
This charge relates to access material, causes material to be transmitted to himself or herself, transmits, makes available, publishes, distributes, advertises, or promotes material, and solicits material. The maximum penalty for this offence is 15 years imprisonment.

If a person is charged with an offence relating to child exploitation material, there may be a defence. However, the onus will be on them to prove that they were engaged in the alleged conduct for a genuine artistic, educational, legal, medical, scientific, or public benefit purpose. They must also show that their conduct was, in the circumstances, reasonable for that person.

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We have experience with assisting people who have been charged with these types of offences and are able to assist with applying for or varying bail undertaking, developing a case management strategy, engaging experts, and preparing for the best available outcome in the circumstances.

Don't Risk It, CEM Charges, Possessing Child Exploitation Material, Brisbane, Ipswich, Southport, Beenleigh

Penalties and Sentencing for CEM Charges

In at least 97% of cases, a person will plead guilty to their offences resulting in a sentence. As these types of offences are not uncommon, mistakes can sometimes be made in relation to the charge or the facts. As a result, we may be required to negotiate one or more of the charges and the facts of those charge/s with the Office of the Director of Public Prosecutions.

Our role at Aegis Criminal Law goes beyond negotiation to working with our clients. We aim to achieve the best available outcome in a person’s circumstances. A common concern for many clients is the likely penalty which could be imposed. To address that, there are a few considerations.

The law typically recognises that a term of imprisonment must generally be regarded as a last resort and that it is preferable for someone to remain in the community. However, under the Penalties and Sentences Act, this does not apply to offences involving children, which includes CEM related charges. That being said, it should also be noted that there is no mandatory penalty of imprisonment for CEM related offending, and it is possible to receive a non-custodial sentence. In relation to penalty, there are a number of considerations under the Penalties and Sentences Act, which the court ought to take into consideration.

Nature of Material

The nature of the material will usually assess the appearance age of the child and the activity shown. In Queensland the material will be classified through to assessing the appearance age, as well as the nature and serious of the seized material. The results of this assessment are provided to the Queensland Police Service in the form as a C4P case report. The case report previously relied upon the Oliver Scale, which would classify the material across five categories in terms of seriousness. In more recent cases, to satisfy the requirements of section 9(7) of the Act, there have been examples of the details of from the seized material to be relied upon at sentencing. This includes the nature of the material, including the apparent age and activity depicted.

Age and Character

In our experience and according to the Queensland Sentencing Advisory Council, a person charged with a CEM related offence typically a male between 30 and 50 years of age. We note that people who are charged with this offence are often employed full-time and that on some occasions, the alleged offending may be out-of-character.

To further assess the penalty, the court may also have regard to antecedents. The antecedents is information about the person charged and may be provided in the form medical, psychiatric and/or any other relevant report. This enables the court to assess the prospects of rehabilitation, including the availability of any medical or psychiatrist treatment to cause the offender to behave in a way that is acceptable to the community.