Penalty for Use Child to Produce Child Abuse Material | Section 91G Crimes Act NSW

The maximum penalty for the offence of use child to produce child abuse material vary depending on the age of the child in question.

Where the child was under the age of 14 at the time of the offence, the maximum penalty is 14 years’ imprisonment.

Where the child was aged between 14 and 17 at the time of the offence, the maximum penalty is 10 years’ imprisonment.

However, it is important to bear in mind this is the most severe penalty that can be imposed, and the court will take into account a wide range of factors when determining the appropriate penalty in your particular case.

These factors include whether you pleaded guilty or were found guilty after a hearing or trial, your criminal history (or lack thereof), your remorse as can be demonstrated through character references and/or a letter of apology, the likelihood that you will reoffend as can be shown through any courses or programs you have undertaken since the date of the offence and the seriousness of the particular conduct itself, to name a few.

According to the Judicial Commission of New South Wales, the penalties imposed for the offence are:

In the Higher Courts

Use child < 14 years for production of child abuse material – SNPP (Item 10M) – section 91G(1)(a)

The average full term prison sentence imposed for the offence is 5 years and the average non-parole period (the minimum term in prison) is 3 years.

Use child < 14 years for production of child abuse material – section 91G(1)(a)

The average full term prison sentence imposed for the offence is 3.5 years and the average non-parole period (the minimum term in prison) is 2 years.

Cause or procure child < 14 years for production of child abuse material – section 91G(1)(b)

The average full term prison sentence imposed for the offence is 5 years and the average non-parole period (the minimum term in prison) is 3 years.

Give consent to child < 14 years in care for production of child abuse material – SNPP (Item 10M) – section 91G(1)(c)

The average full term prison sentence imposed for the offence is 5 years and the average non-parole period (the minimum term in prison) is 3 years.

Give consent to child < 14 years in care for production of child abuse material – section 91G(1)(c)

The average full term prison sentence imposed for the offence is 2.5 years and the average non-parole period (the minimum term in prison) is 1.5 years.

Use child >=14 years for production of child abuse material – section 91G(2)(a)

The average full term prison sentence imposed for the offence is 2 years and the average non-parole period (the minimum term in prison) is 1.5 years.

Aggravated use child < 14 years for production of child abuse material – section 91G(3)

The average full term prison sentence imposed for the offence is 3.5 years and the average non-parole period (the minimum term in prison) is 2 years.

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