(a) uses a child who is of or above the age of 14 years for the production of
child abuse material, or
(b) causes or procures a child of that age to be so
used, or
(c) having the care of a child of that age, consents to the child
being so used or allows the child to be so used,
is guilty of an offence.
:
Maximum penalty--imprisonment for 10 years.
(4) For the purposes of this
section, a person may have the care of a child without necessarily being
entitled by law to have the custody of the child.
(5) Where on the trial of a
person for an offence under subsection (1) the jury is not satisfied that the
accused is guilty of the offence charged, but is satisfied on the evidence
that the accused is guilty of an offence under subsection (2), it may find the
accused not guilty of the offence charged but guilty of the latter offence,
and the accused is liable to punishment accordingly.
(6) Proceedings for an
offence under this section against a child or young person may only be
instituted by or with the approval of the Director of Public Prosecutions.
