Does Thinking Make It So? Defining Online Child Pornography Possession Offences

Investigations into the widespread possession of online child sexual abuse images reveal enormous variety in the types of images collected by adults with a sexual interest in children. While there is almost universal condemnation of the sexual exploitation of children through such images, it is not possible to define precisely what constitutes an illegal child sexual abuse image. This is because the concept is broad, changeable and, at the margins, elusive. Nonetheless, the use of criminal law to regulate any activity requires that the proscribed conduct be clearly defined. This paper reviews the ways in which child sexual abuse images can be categorised and, in particular, examines the impact of the viewer's perception on the definition of child pornography offences in Australia.