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Films, Videos, and Publications Classification Act 1993

Offences - Offences involving objectionable or restricted publications

132A: Aggravating factor to be taken into account in sentencing, etc, for certain publications offences

You could also call this:

"The court must consider what makes a crime worse when sentencing for certain publication offences."

Illustration for Films, Videos, and Publications Classification Act 1993

When you commit a certain type of offence, the court must consider something that makes the offence worse. This happens if you commit the offence after this section started and it is against certain sections of the law, such as section 124(1), section 127(4), section 129(3), section 131A(1), or section 390 of the Customs and Excise Act 2018. The court must think about how bad the publication is because it does things like promote the exploitation of children for sexual purposes. When the court decides how bad the publication is, they must look at the reasons given by the Classification Office under section 38, or by the Board under section 55. They must also look at the report provided by the Classification Office to the court under section 30 if the publication has been referred to them. This section does not affect how the Sentencing Act 2002 is applied to the offence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM314174.

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132: Exhibiting parts of a publication, or

"Showing a bad part of a book or video is against the law"

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132B: Presumption of imprisonment for repeat offenders, or

"Breaking the law about objectionable publications again usually means you will go to prison."

Part 8Offences
Offences involving objectionable or restricted publications

132AAggravating factor to be taken into account in sentencing, etc, for certain publications offences

  1. This section applies to an offence (the offence) if it is committed after the commencement of this section and it is an offence against—

  2. section 124(1); or
    1. section 127(4); or
      1. section 129(3); or
        1. section 131A(1); or
          1. section 390 of the Customs and Excise Act 2018.

            1. In sentencing or otherwise dealing with an offender for the offence, the court must take into account as an aggravating factor the extent to which any publication that was the subject of the offence is objectionable because it does any or all of the following:

            2. promotes or supports, or tends to promote or support, the exploitation of children, or young persons, or both, for sexual purposes:
              1. describes, depicts, or otherwise deals with sexual conduct with or by children, or young persons, or both:
                1. exploits the nudity of children, or young persons, or both.

                  1. In deciding for the purposes of subsection (2) to what extent (if any) a publication is objectionable because it does any or all of the things specified in subsection (2)(a) to (c), the court must have regard,—

                  2. if there is a subsisting decision of the Classification Office, or of the Board, to the reasons for the decision given by the Classification Office, under section 38, or by the Board, under section 55; and
                    1. if the publication has been referred to the Classification Office under section 29(1) or section 41(3), to the report provided by the Classification Office to the court under section 30.

                      1. Nothing in this section affects the application of the Sentencing Act 2002 in respect of the offence.

                      Notes
                      • Section 132A: inserted, on , by section 32 of the Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2).
                      • Section 132A(1)(e): replaced, on , by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).