Producing or disseminating bestiality or animal crush material is an offence under section 547E of the Crimes Act 1900 (NSW).

A person who produces or disseminates bestiality or animal crush material is guilty of an offence. The maximum penalty is imprisonment for 5 years.

A person who possesses bestiality or animal crush material is guilty of an offence. The maximum penalty is imprisonment for 3 years.

Definitions

Bestiality or animal crush material means material that depicts or describes bestiality, or an animal being crushed, burned, drowned, suffocated, impaled or otherwise killed or subjected to serious injury, and is material that a reasonable person would regard in all the circumstances as being intended or apparently intended to excite or gratify a sexual interest, or excite or gratify a sadistic or other perverted interest in violence or cruelty.

Data includes information in any form, or a program or part of a program.

Material includes a film, printed matter, data or other thing of any kind, including a computer image or another depiction.

Disseminate bestiality or animal crush material, includes send, supply, exhibit, transmit or communicate the material to another person, or make the material available for access by another person, or enter into an agreement or arrangement to do so.

Possess bestiality or animal crush material includes, in relation to material in the form of data, being in possession or control of data, within the meaning of section 308F(2).

Produce bestiality or animal crush material includes film, photograph, print or otherwise make bestiality or animal crush material, or alter or manipulate an image for the purpose of making bestiality or animal crush material, or enter into an agreement or arrangement to do so.

Defences

Possible defences in proceedings for an offence against this section include:

• The defendant did not know, and could not reasonably be expected to have known, that the material the defendant produced, disseminated or possessed was bestiality or animal crush material.
• The conduct engaged in by the defendant was of public benefit, and did not extend beyond what was of public benefit.
• The defendant was, at the time of the offence, a law enforcement officer acting in the course of the defendant’s duties and the conduct of the defendant was reasonable in the circumstances for the purpose of performing the duty.
• The material concerned was classified, whether before or after the commission of the alleged offence, under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth, other than as refused classification (RC).
• The conduct engaged in by the defendant was necessary for or of assistance in conducting scientific, medical or educational research approved, authorised or otherwise permitted under a law of the State or of another State, a Territory or the Commonwealth.
• For an offence involving possession of bestiality or animal crush material, but without limiting the defences above, the material came into the defendant’s possession unsolicited and the defendant, as soon as the defendant became aware of its nature, took reasonable steps to get rid of it.

Considerations

Conduct is of public benefit for subsection (3) only if the conduct is necessary for or of assistance in enforcing or administering a law of the State or of another State, a Territory or the Commonwealth, or monitoring compliance with, or investigating a contravention of, a law of the State, or of another State, a Territory or the Commonwealth, or the administration of justice.

The question of whether a person’s conduct is of public benefit is a question of fact and the person’s motives for engaging in the conduct are irrelevant.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong, paralegal.

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