A photographic, film, video or other visual representation, whether or not it was made by electronic or mechanical means,
That shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or
The dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years;
Any written material, visual representation or audio recording that advocates or counsels sexual activity with a person under the age of eighteen years that would be an offence under this Act.
Any written material whose dominant characteristic is the description, for a sexual purpose, of sexual activity with a person under the age of eighteen years that would be an offence under this Act.
Any audio recording that has as its dominant characteristic the description, presentation or representation, for a sexual purpose, of sexual activity with a person under the age of eighteen years that would be an offence under this Act.
Sexual offences allegations including those of child pornography can be horrific and humiliating to deal with. Not only do some offences carry terms of imprisonment of 10 years if convicted, but any person accused of such a crime will be extremely concerned about allegations being made public, associated media attention and the repercussions of the claims in general.
HAVE YOU BEEN ACCUSED OF CHILD PORNOGRAPHY OFFENCES in Hamilton ?
If you or somebody close to you has been arrested or charged with a child pornography allegation in Hamilton, there’s no doubt that you will probably be feeling very stressed, confused, worried and concerned about what’s going to happen. In some cases, the charge is not based on fact but purely on allegations. In that case you will need a child pornography lawyer in Hamilton because certain scenarios need to be studied and the facts have to be seen carefully.
Who decides if an image is pornographic?
The magistrates, District Judge or jury will have to determine whether an image is pornographic by looking at it. The intentions of those who produced the image does not determine whether or not it is deemed to be pornographic. The sexual arousal of the defendant is also immaterial.
Can an image be pornographic, but not prohibited?
Yes. Both tests have to be met, as detailed above.
Is the context of the image important?
Yes, it can be. Where a person has a collection of images, the test for whether the image is pornographic is determined by referencing both the image and the context (i.e. where it stands in the series of images – as with one image taken from a film).
These offences are divided into three categories
Images involving penetrative sexual activity.
Images involving non-penetrative sexual activity.
Images that are simply of a sexual nature.
The sentences available to the court range from 9 years for offences of distributing images that fall into category A , through to community order for less serious offences involving possession of images in category A, B or C. You can discuss them with the best child pornography lawyers in Hamilton with hundred percent of trust.