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Crackdown on child exploitation passes unanimously

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A Bill to better protect children from sexual exploitation passed its final reading in Parliament today [2 April 2015] with unanimous support.

Justice Minister Amy Adams says the Objectionable Publications and Indecency Legislation Bill sends a clear message that activities which sexually exploit children are abhorrent and will not be tolerated.

“The law changes reflect the ease with which criminals can now access, share and distribute child sexual abuse material, and address the changing ways perpetrators can communicate with children,” says Ms Adams

“The Bill increases the penalties for making, trading or possessing child exploitation material. It will work to protect children who are sadly often re-victimised by the knowledge that images of their abuse could be shared over the internet for years to come,” says Ms Adams.

The Bill also includes a new offence of ‘indecent communication with a young person’ which will apply regardless of whether perpetrators contact victims under the age of 16 online, via text messaging, verbally or by other means.

“The measures in this Bill reflect the serious nature of these crimes, and align with the Government’s pledge to protect children from sexual exploitation,” says Ms Adams.

Among the changes, the Bill:

• Increases the maximum penalties for possession, import and export of an objectionable publication from 5 to 10 years’ imprisonment.
• Increases the maximum penalties for supply, distribution or making an objectionable publication from 10 to 14 years’ imprisonment.
• Creates a presumption of imprisonment for those convicted of a child exploitation material offence for a second time or later time.
• Clarifies that possession of objectionable electronic material includes intentionally viewing material without consciously downloading or saving it.
• Establishes accident compensation cover for mental injury caused by the existing sexual grooming offence, and the Bill’s new offence of indecent communication with a young person.
• Closes a gap in the law to ensure that New Zealanders who assist foreigners to commit sexual acts against children overseas, can be held liable as parties or accessories to the offence under New Zealand law.

Source:

Media Release dated 2 April 2015: Hon. Amy Adams – National MP for Selwyn.

http://www.amyadams.co.nz/index.php?/categories/2-Press-Releases

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Tougher laws on sexual exploitation of children

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Sexual exploitation of children will be punished more severely after a new law passed a final parliamentary hurdle.

Those found to have supplied, distributed or made an “objectionable material” face a maximum 14 years in prison, up from 10.

The penalty for possession, import and export also increases, from five years to 10.

And those convicted of a child exploitation material offence will almost certainly go to jail, under the Objectionable Publications and Indecency Legislation Bill.

The bill also targets paedophiles who attempt to “groom” under-16s online by establishing a new offence of “indecent communication with a young person”.

It will apply to texts, verbal and any other communications.

And it closes a legal loophole, ensuring that Kiwis who assist foreigners in sexual exploitation of children overseas can be prosecuted here. [Read more…]

Sex txts can end with jail

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Your private text messages are officially “publications” and writing something objectionable could land you in jail for 10 years according to a landmark ruling.

The ruling was made in January after lawyers sought to have a man’s sexual text messages to a 12-year-old girl classified as “objectionable publications” so he could be prosecuted for distributing banned material.

NetSafe chief technology officer Sean Lyons, whose organisation advises on digital safety, said “the fact they’ve said you can now call a text a publication – that’s a big deal. It’s another case for all of us in our increasingly connected world – here’s another one of these ‘stop, think and check’ processes before we create content.”…………..

A bill before Parliament would stop such a situation from occurring again. The Objectionable Publications and Indecency Legislation Bill, currently at select committee stage, would introduce an offence of “indecent communication with a young person” where the onus would be on any “sexter” to determine whether the recipient was 16 or older.

A 2014 survey by internet security firm McAfee found that 54 per cent of users had sent or received “intimate content”. For 18 to 24 year-olds the proportion rose to 70 per cent.

Full story here: http://www.stuff.co.nz/national/crime/10132043/Sex-txts-can-end-with-jail