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Q: I am an 18 year student and a member of an online community with other students of various ages. I correspond with the other students with a view to developing a personal relationship. Is this an offence?
Q: Does the Act cover a personal photograph or video taken on a mobile phone by the boy/girlfriend of the ‘child’?
Q: I am 18 years old, and against my will have been sent a sexually explicit photograph / video from someone who is under 16 years of age. What shall I do?
Q: I act as babysitter for a 12 year old and I watch movies on cable with the child when it cannot sleep. Some of these movies contain violent images and some sexual content. Is this an offence?
Q: I am an 18 year student and a member of an online community with other students of various ages. I correspond with the other students with a view to developing a personal relationship. Is this an offence?
A: If you correspond with someone under the age of 16 years with the intent to ‘groom’ or ‘lure’ that child (as described in the Act) you will be liable for prosecution. When dealing in an anonymous environment for the purposes of establishing a personal relationship (such as chat rooms; social networking areas etc.), every person has a duty to ensure that the other person with whom they are communicating is not a child. You should be aware that there are other offences in the Criminal Code outside the Criminal Code Amendment Act 2007 that may apply if you have a relationship with someone under the age of 18 years.
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Q: Does the Act cover a personal photograph or video taken on a mobile phone by the boy/girlfriend of the ‘child’?
A: It is possible an offence could be committed in this manner. If the victim is under the age of 16 years and the photograph or video constitutes child abusive material or child pornography then an offence could be committed.
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Q: I am 18 years old, and against my will have been sent a sexually explicit photograph / video from someone who is under 16 years of age. What shall I do?
A: Under no circumstances should you forward this material to anyone. Doing so would be an offence under the Act and could have serious repercussions. You should promptly report this activity to the Police.
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Q: I act as babysitter for a 12 year old and I watch movies on cable with the child when it cannot sleep. Some of these movies contain violent images and some sexual content. Is this an offence?
A: You should not allow young children to watch adult oriented material. If you do so knowing that the material was unsuitable you may have committed an offence under the Act.
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