(1) A person (A) commits an offence if—
(a) A intentionally involves another person (B) in the production of material; and
(b) B is a child; and
(c) A knows that B is, or probably is, a child; and
(d) the material is child abuse material; and
(e) 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) For the purposes of subsection (1), the ways in which A involves B in the production of material may include—
(a) inviting or encouraging B to be involved, or offering B to be involved, in the production of the material; or
(b) causing or allowing B to be involved in the production of the material; or
(c) using B in the production of the material.
1 B need not be described or depicted in the material.
2 Exceptions apply to this offence—see sections 51J, 51K and 51M.
3 Defences apply to this offence—see sections 51L, 51N, 51O, 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. 51C inserted by No. 47/2016 s. 16.