Child Abuse Material Offence Lawyers

Charged with Possession of Child Abuse Material? We Can Help.

Facing child abuse material charges in Sydney or NSW?

Charges involving child abuse material, previously referred to as child pornography, are serious offences in NSW and under Commonwealth law. If you’ve been accused of possessing, producing, or transmitting child abuse material, you need an experienced legal team to develop a strategic defence.

At Kingston Fox Lawyers, we understand the serious implications of these charges. With over 40 years of combined experience, including as former Commonwealth and Police prosecutors, our team is well-equipped to handle these complex cases with the care and expertise they demand.

Contact us today for a confidential consultation to discuss your legal options.

What are Child Abuse Material Offences?

Child abuse material offences involve the possession, production, or distribution of material that depicts or describes a child in a sexual, cruel, or abusive context. These offences fall under both NSW and Commonwealth legislation and can result in significant penalties, including lengthy terms of imprisonment.

In NSW, common charges include:

Producing, disseminating, or possessing child abuse material (section 91H, Crimes Act 1900 (NSW))
Using a child to produce child abuse material (section 91G, Crimes Act 1900 (NSW))
Procuring or grooming a child under 16 for unlawful sexual activity (section 66EB, Crimes Act 1900 (NSW))

Under Commonwealth law, offences relate to the use of the internet, including:

Using a carriage service to access, transmit, or solicit child abuse material (section 474.22, Criminal Code 1995 (Cth))
Possessing on controlling child abuse material obtained or accessed using a carriage service (section 474.22A Criminal Code 1995 (Cth))

These charges often involve complex technical evidence. Kingston Fox Lawyers are skilled in both the legal and technical aspects of these cases.

Penalties for Child Abuse Material Offences

The penalties for child abuse material offences can include:

Imprisonment: Many of these offences carry maximum penalties of over 10 years. In some instances, Commonwealth offences have mandatory minimum periods of imprisonment that must be imposed on a finding of guilt.
Community based orders: these include Recognizance Release Orders for Commonwealth offences, and Conditional Release Orders and Community Correction Orders for NSW offences. A conviction will lead to mandatory registration on the NSW Child Protection Register, which can have lasting consequences on your personal and professional life. Registered offenders have reporting obligations for lengthy periods of time, depending on the offence. The specific penalties will depend on the nature of the charge, whether the offence charged is under NSW or Commonwealth law and any aggravating factors.

The specific penalties will depend on the nature of the charge, whether the offence charged is under NSW or Commonwealth law, and any aggravating factors, such as the use of technology, grooming activity, or prior criminal history.

Meet the Team Behind Your Defence

Alexandra Sarmed

BA LLB, Partner

Phone: 0455 039 707

Erin Hoile

BA LLB LLM, Partner

Phone: 0455 039 660

Philippa Rich

BA LLB, Associate

Phone: 0402 055 552

Shane Arie

LLB, Solicitor

Phone: 0455 039 112

Ben Key

Law Clerk

Phone: 0457 781 133

The Kingston Fox Difference

Why Choose Kingston
Fox Lawyers?

At Kingston Fox Lawyers, we are more than just your legal representatives — we are
your partners in navigating the challenges ahead. What sets us apart is our deep commitment to providing a tailor-made, personalised service, backed by over
40 years of combined experience in criminal law.

Our team, which includes former prosecutors, brings unparalleled expertise and a strategic advantage to your defence.

We pride ourselves on our supportive, client-focused approach. Clients often share how much more at ease they feel after speaking with us, reassured by our understanding and straightforward advice. We focus not just on the legal challenges but on your future, ensuring that you can move forward with confidence and peace of mind.

Hear it from our satisfied clients

“A difficult matter that was resolved in my favour”

“Alexandra Sarmed offered me exceptional service and professional assistance with a difficult matter that was resolved in my favour. I couldn’t have asked for any more and I would not hesitate to recommend her to anyone in future. Nor will I ever go anywhere else for legal advice myself. I know if she couldn’t help me she would steer me to the right person for the job.”

A.C

“Frank, understanding, hardworking, and knowledgeable”

“We were incredibly lucky to be referred to Alexandra Sarmed for a complex set of charges against my adult child. From the first meeting, we were struck by her sense of humanity. She supported us throughout the process with her frankness, understanding, warmth, humour, hard work and knowledge. Alexandra found an amazing Barrister and together they achieved the right outcome. We will be forever thankful to Alexandra Sarmed.”

S.D

“Sympathetic and extremely reassuring”

“Erin was wonderful at a time of extreme stress for me. She listened to me and provided professional and helpful advice. She was sympathetic and clear-thinking, expertly guiding me through a process that was foreign to me. This was extremely reassuring. I would strongly recommend Kingston Fox Lawyers to anybody needing legal representation.”

B.F

Frequently Asked Questions

What constitutes child abuse material in NSW?

Under section 91FB of the Crimes Act 1900 (NSW), child abuse material is defined as material that depicts or describes, in a way a reasonable person would find offensive, a child engaged in sexual activity, posed in a sexual manner, or subjected to physical abuse or cruelty. The definition includes photographs, videos, drawings, stories, and even certain dolls.

What are the penalties for child abuse material offences?

Penalties vary depending on the offence but can include:

Imprisonment: Many offences carry sentences of over 10 years.
Fines: Financial penalties may be imposed but are less likely.
Registration of the NSW Child Protection Register: While this is not a penalty imposed by the Court, convictions result in mandatory registration, impacting future employment, travel, and personal lives.

The Court takes into account a wide variety of factors including the nature and volume of material, the person’s criminal history and any rehabilitation that might have already occured, amongst other things.

What to do if charged with possessing child abuse material?

If you’re charged, it’s crucial to seek legal representation immediately. Kingston Fox Lawyers can help you understand the charges, review the evidence, and develop a tailored defence strategy to obtain the best possible outcome.

Can child abuse material charges be reduced or dismissed?

Yes, in some cases, charges can be reduced or dismissed, depending on the circumstances and available evidence. An experienced lawyer can negotiate with prosecutors to seek a more favourable outcome.