Victorian Current Acts Victorian Current Acts(1) A person (A) commits an offence if—
(a) A is 18 years of age or more; and
(b) A encourages another person to use a website; and
(c) A intends that the other person use the website to deal with child abuse material.
(2) A person who commits an offence against subsection (1) is liable to level 5 imprisonment (10 years maximum).
(3) In determining whether A has encouraged another person to use a website to deal with child abuse material, it is not necessary to prove—
(a) the identity of the person encouraged to use the website to deal with child abuse material; or
(b) that another person in fact used the website to deal with child abuse material; or
(c) if another person did in fact use the website to deal with child abuse material, that it was A's encouragement that caused the person to do so.
(4) Despite anything to the contrary in Division 12, it is not an offence for a person to attempt to commit an offence against subsection (1).
(5) It is immaterial that some or all of the conduct constituting an offence against subsection (1) occurred outside Victoria, so long as the person being encouraged was in Victoria at the time at which that conduct occurred.
(6) It is immaterial that the person being encouraged was outside Victoria at the time the conduct constituting an offence against subsection (1) occurred, so long as some or all of that conduct occurred in Victoria.
Notes
1 If an adult uses a child as an innocent agent to encourage another person to use a website, intending that the other person use the website to deal with child abuse material, the adult commits an offence against subsection (1).
2 Exceptions apply to this offence—see sections 51J and 51K.
3 A defence applies to this offence—see section 51L.
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. 51G inserted by No. 47/2016 s. 16.