(1) A person (A) commits an offence if—
(a) A intentionally distributes material; and
(b) the material is child abuse material; and
(c) A knows that the material is, or probably is, child abuse material.
(2) A person who commits an offence against subsection (1) is liable to level 5 imprisonment (10 years maximum).
(3) It is not necessary to prove—
(a) the identity of any person to whom the material was distributed; or
(b) that another person in fact accessed the material.
(4) It is immaterial that some or all of the child abuse material was distributed outside Victoria, so long as A was in Victoria at some or all of the time at which the material was distributed.
(5) It is immaterial that A was outside Victoria at some or all of time at which the material was distributed, so long as some or all of the material was distributed in Victoria.
1 Section 51A(2)(b) provides for the ways in which material may be distributed.
2 Exceptions apply to this offence—see sections 51J, 51K and 51M.
3 Defences apply to this offence—see sections 51L, 51P, 51Q and 51R.
4 A mistaken but honest and reasonable belief that reasonable persons would not regard the child abuse material as offensive is not a defence to this offence—see section 51U.
S. 51E inserted by No. 47/2016 s. 16.