Section 51N Defence applying to children – New section 51N replaces aspects of the existing exceptions applying to children in section 70AAA(2) and (4) of the Crimes Act 1958. The defence ensures that non-exploitative sexual exploration by children (such as where a teenager receives a sexual image from their boyfriend or girlfriend of a similar age) is not inappropriately criminalised. The exploitative distribution of, or threats to distribute, intimate images is covered by the existing offences of distribution of an intimate image and threat to distribute an intimate image in sections of the Summary Offences Act 1966. 41DA−DB Like new section 51M, the defence applies to new sections 51B(1), 51C(1), 51D(1) , 51G(1) and 51H(1). It applies only to children (persons under 18 years) and to child abuse material which is in the form of an image, if— the image— depicts one or more persons (whether or not it depicts A), and does not depict an act that is a criminal offence punishable by imprisonment, or depicts an act that is a criminal offence punishable by imprisonment but A reasonably believes that it does not, and at the time of the conduct constituting the offence, A is not more than 2 years older than the youngest child depicted in the image, or A reasonably believes that they are not more than 2 years older than the youngest child depicted in the image. The defence applies to depictions whether or not they include the accused, or other children or an adult. New section 51N(2) provides that a reference to an image, in relation to the offence in section 51B(1), is a reference to the image that A involves the child in producing.
Section 51N – Defence applying to children New section 51N replaces aspects of the existing exceptions applying to children in section 70AAA(2) and (4) of the Crimes Act 1958. The defence ensures that non-exploitative sexual exploration by children (such as where a teenager receives a sexual image from their boyfriend or girlfriend of a similar age) is not inappropriately criminalised. The exploitative distribution of, or threats to distribute, intimate images is covered by the existing offences of distribution of an intimate image and threat to distribute an intimate image in sections 41DA−DB of the Summary Offences Act 1966. Like new section 51M, the defence applies to new sections 51B(1), 51C(1), 51D(1) , 51G(1) and 51H(1). It applies only to children (persons under 18 years) and to child abuse material which is in the form of an image, if— the image— depicts one or more persons (whether or not it depicts A), and does not depict an act that is a criminal offence punishable by imprisonment, or depicts an act that is a criminal offence punishable by imprisonment but A reasonably believes that it does not, and at the time of the conduct constituting the offence, A is not more than 2 years older than the youngest child depicted in the image, or A reasonably believes that they are not more than 2 years older than the youngest child depicted in the image. The defence applies to depictions whether or not they include the accused, or other children or an adult. New section 51N(2) provides that a reference to an image, in relation to the offence in section 51B(1), is a reference to the image that A involves the child in producing.
581089exi1.docx