LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

WA Accidentally Found Child Pornography Online - What Does the Law Say?

Discussion in 'Criminal Law Forum' started by Jeshua, 10 May 2014.

  1. Jeshua

    Jeshua Member

    Joined:
    10 May 2014
    Messages:
    2
    Likes Received:
    0
    My location: Western Australia

    Occurrence: I was about to view pornography (please refrain from judging this) and so I typed into google: "Young Porn", expecting to find the usual 18-25 year old legal age pornography. This is only a preference as I prefer women around my own age of 18.

    On the second link down was 'Lovely_Young_Porn" .com. On this site there were links to other sites and literally after about 2 minutes of clicking thumbnails to open in new tabs I found a certain site which I now believe to be illegal/ underage pornography. Please understand that I had no intention to view this.

    All of a sudden a new tab opens, looking like an official Australian document telling me I am "being accused of viewing child pornography... under Western Australian act... ect...". This tab could not be closed or minimized and was not detected by virus scanners, so I proceeded to shut down my computer.

    Questions:
    1) Is this site likely to be official and owned by the Government?
    2) Are there actually laws (i.e. Criminal Law) punishing the viewing of child pornography if it can so easily be (and accidentally) accessed?
    3) Can governments actually find out who I am and persecute me through these sites?

    Please respond. I feel like the victim of either a really sick joke or a faulty (yet somewhat respected) legal system.
     
  2. John R

    John R Well-Known Member

    Joined:
    14 April 2014
    Messages:
    637
    Likes Received:
    165
    Hi Jeshua,
    1. Highly unlikely.
    2. Yes - Both Commonwealth and Western Australia (WA) criminal laws cover child exploitation material (commonly known as child pornography). Please see Chapter XXV of the Criminal Code and the Commonwealth Director of Public Prosecution's website on Child Exploitation. The Criminal Code sets out the elements of an offence (that is, what "possession of child exploitation material" actually means) and defences.
    3. Yes - Criminal investigators both in Australia and abroad routinely cooperate to monitor websites containing child exploitation material (such as Operation Auxin) and even covertly takeover such websites to trace, using computer forensics, those uploading and accessing such material.
    You should review the relevant criminal laws and consult local legal advice in Western Australia. The Legal Aid WA Infoline is generally a good starting point and can be contacted on 1300 650 579 (available Monday to Friday, 8:30am to 4:30pm).
     
  3. winston wolf

    winston wolf Well-Known Member

    Joined:
    21 April 2014
    Messages:
    347
    Likes Received:
    101
    This is the first and simplest form of ransom ware. The next and worse is a full infection where they infect you PC and then tell you that as this is a first offence and make you pay a fine.
    Here is a petty good page on it http://www.nerdlikeyou.com/ransomware-protect-attacks/
     
  4. Jeshua

    Jeshua Member

    Joined:
    10 May 2014
    Messages:
    2
    Likes Received:
    0
    This has been very helpful insight from both of you. Thank you! I'm hoping I don't have to get legal aid but I now believe it to be Ransomware.
     
  5. oscars

    oscars Member

    Joined:
    15 July 2015
    Messages:
    1
    Likes Received:
    0
    Hi Jeshua,

    I had the same problem with you, so i just to make sure that is the site just the ransomware? Could you tell me about it?

    Thanks.

    Best regards.
     
  6. Worex

    Worex Member

    Joined:
    21 August 2016
    Messages:
    2
    Likes Received:
    0
    So what you are saying is that, accidental access to these sites is not illegal?
     

Share This Page

Loading...