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I know that explicit images of minors are illegal, as it constitutes child pornography. However, is it illegal for a child to consentingly receive explicit photos from an adult?

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  • Why the downvotes? It is a good question with no duplicate nominations. May 25 at 11:35

1 Answer 1

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Yes

First, the distribution of pornographic video is technically illegal in Australia except in the ACT or NT. This is because such films either have an X18+ or RC (refused classification) under Australian censorship laws and all state make these classifications illegal to distribute (not to watch or possess). So sending a video to anyone is illegal albeit it is an offence that is rarely prosecuted.

With respect to distribution of explicit material to children, this is the crime of “Procuring or grooming child under 16 for unlawful sexual activity”. In NSW this is detailed in s66EB of the Crimes Act. The maximum penalty is 14 or 10 years depending on the age of the child. Note that a child for this purpose is anyone under the age of 17.

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  • This answer has the question backwards. The question says “is it illegal for a child to …”: it is talking about a child doing something, not having something done to them. The question reinforces the point by using the word “receive”, while this answer is all about sending this type of material. May 25 at 11:38
  • @BrianDrake how can something be received if it wasn’t sent?
    – Dale M
    May 25 at 12:25
  • That is not the point. The point is that your answer is all about whether the sender is breaking the law, but the question is about whether the receiver is breaking the law. May 25 at 12:29
  • The first paragraph makes the extraordinary claim that all pornographic material is rated X18+ or RC under Australian censorship laws. Perhaps it depends on how you define “pornography”. Child pornography (as mentioned in the question) certainly includes a much wider range of material, and equivalent adult material may be rated MA15+ (I suspect some may even be rated M). Presumably, all of this material would be in the scope of this question. May 25 at 13:20

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