What the law states according to South Australia

A person who is in possession of child pornography knowing of its pornographic nature or intending to obtain access to a child pornography, obtains access to child pornography or takes a step towards obtaining access to child pornography will be guilt of an offence.

A child is defined as a child under, or apparently under, the age of 17 years.

First offence

• The maximum penalty for a basic offence is five years imprisonment
• The maximum penalty for an aggravated offence is seven years imprisonment

Subsequent offence

• The maximum penalty for a subsequent basic offence is seven years imprisonment
• The maximum penalty for a subsequent aggravated offence is ten years imprisonment

It may be a defence to the charge if:

• The material was unsolicited and as soon as you became aware of the pornographic nature reasonable steps were taken to get rid of it.
• There was a lack of intent
• you did not have possession
• you had an honest and reasonable mistake of fact, e.g. Believing that person depicted in the images are over the age of 17 years.

The prosecution must prove that you had:

• possession
• intention

This matter will be dealt with in the District Court of South Australia