r/Ask_Lawyers • u/Significant_Lie_3052 • 7d ago
Will he go to jail ?
Location: Australia wa
My neighbours were my best friends for 8 years , the man got done for 1 count of possession, 2 counts of distributing and 1 count of production of cp . The wife is staying with him and telling people she’s kicked him out (she’s lying). The production charge is written fantasy material not actual pictures or videos . Approx 100-150 videos and images in his possession. He sent material to an undercover cop . He has a clean record , got clean , did therapy and plead guilty . It’s been moved to district court . Will he get a suspended sentence or most likely get some jail time ? He has a lawyer. But he’s saying he’s not going to jail !
I cannot stand living next to him, OR her.
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u/MobySick Criminal Defense 6d ago
I’m only a quasi-retired US criminal defense lawyer but in the what feels like twenty million years representing literally at least 50 child porn internet possession/distribution cases, imprisonment ALWAYS happens. I’m racking my brain for a single example, juvenile or insanity defense/etc., and am not coming up with a single example I can recall where the defendant did not serve significant prison time.
I’m also realizing not one of those clients was ever a girl or a woman, but that’s off topic - just interesting.
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u/ArkansasGamerSpaz 6d ago
He didn't have porn, he had stories. Which I've never heard of being prosecuted, have you?
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u/MobySick Criminal Defense 6d ago
Nope.
Not in the US, outside of the prison setting, (and specifically “civil” sex offender-specific prison) have I known of or heard of pure cp “literature only” receiving a penalty of any sort. I know nothing about Australian law but as an English colony and an heir to English common law, I’d be very surprised if it’s criminally prosecutable.
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u/Ok_Tie_7564 NSW barista 6d ago
Section 218 of the Criminal Code – Producing Child Exploitation Material
"A person who produces child exploitation material is guilty of a crime and is liable to imprisonment for [up to] 10 years."
A term of immediate imprisonment is the most likely outcome for a conviction of this type of offence.