The offence is targeted at non-photographic images (this includes computer generated images (CGI's), cartoons, manga images and drawings) and therefore specifically excludes indecent photographs, or pseudo-photographs of children, as well as tracings or derivatives of photographs and pseudo-photographs.
Elements of the Offence
Section 62(1) makes it an offence to possess a prohibited image of a child. Section 62 (2) to (8) sets out the definition of possession of a prohibited image of a child.
In order for an image to be a "prohibited image", there are 3 elements that must be satisfied. An image must meet all 3 of the elements which are:
1. That the image is pornographic;
2. That the image is grossly offensive, disgusting, or otherwise of an obscene character; and
3. That the image focuses solely or principally on a child's genitals or anal region, or portrays any of the following acts:
- the performance by a person of an act of intercourse or oral sex with or in the presence of a child
- an act of masturbation by, of, involving or in the presence of a child
- an act which involves penetration of the vagina or anus of a child with a part of a person's body or with anything else;
- an act of penetration , in the presence of a child, of the vagina or anus of a person with a part of a person's body or with anything else;
- the performance by a child of an act of intercourse or oral sex with an animal (whether dead or alive or imaginary);
- the performance by a person of an act of intercourse or oral sex with an animal (whether dead or alive or imaginary) in the presence of a child.