Section 91HB — Crimes Act 1900 (NSW)

A person does not commit an offence under section 91H of possessing child abuse material if—
(a) the possession of the material occurred when the accused person was a child, and
(b) a reasonable person would consider the possession of the material by the accused person as acceptable having regard to each of the following (to the extent relevant)—
(i) the nature and content of the material,
(ii) the circumstances in which the material was produced and came into the possession of the accused person,
(iii) the age, intellectual capacity, vulnerability or other relevant circumstances of the child depicted in the material,
(iv) the age, intellectual capacity, vulnerability or other relevant circumstances of the accused person at the time the accused person first came into possession of the material and at the time that the accused person’s possession of the material first came to the attention of a police officer,
(v) the relationship between the accused person and the child depicted in the material.

Related sections

• s 91HAB — Encouraging use of a digital platform to deal with child abuse material
• s 91HAC — Providing information about avoiding detection
• s 91HA — Defences
• s 91I — Definitions
• s 91J — Voyeurism
• s 91K — Filming a person engaged in private act

Research how courts apply s 91HB

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.