Charges Defended > Child Pornography

With the increasing growth of the internet, file sharing, viruses, trojan horses, and message boards, law enforcement officials have devoted increasingly more effort to combating child pornography.  Broad internet “sweeps” of private citizens are becoming common occurrences, often resulting in the unexpected arrest of dozens of people in early-morning raids.  The personal and emotional trauma associated with being charged with child pornography offences can have devastating consequences.

The defence of a charge of  possession of child pornography can be difficult and may require expert witnesses and electronic forensics specialists.  The goal of your defence will be to make sure that all of the facts related to your case are presented and that no stone related to technical or evidence issues is left unturned.  If you have been charged with an offense related to child pornography, find out your rights and and discuss your defence by contacting a criminal lawyer.  You may contact the office at (416) 877-LAW1 (5291) for a free consultation.

What is “Child Pornography” under the Criminal Code?

Under Section 163.1 (1), “child pornography” means (a) a photographic, film, video or other visual representation, whether or not it was made by electronic or mechanical means, (i) that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or (ii) the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years; (b) any written material, visual representation or audio recording that advocates or counsels sexual activity with a person under the age of eighteen years that would be an offence under this Act; (c) any written material whose dominant characteristic is the description, for a sexual purpose, of sexual activity with a person under the age of eighteen years that would be an offence under this Act; or (d) any audio recording that has as its dominant characteristic the description, presentation or representation, for a sexual purpose, of sexual activity with a person under the age of eighteen years that would be an offence under this Act.

What is the possible penalty for making child pornography under the Criminal Code?

Under subsection 2,  every person who makes, prints, publishes or possesses for the purpose of publication any child pornography is guilty of (a) an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; or (b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months and to a minimum punishment of imprisonment for a term of ninety days.

What is the possible penalty for distribution, etc. of child pornography under the Criminal Code?

Under subsection (3) every person who transmits, makes available, distributes, sells, advertises, imports, exports or possesses for the purpose of transmission, making available, distribution, sale, advertising or exportation any child pornography is guilty of (a) an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; or (b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months and to a minimum punishment of imprisonment for a term of ninety days.

What is the possible penalty for possession of child pornography under the Criminal Code?

Under subsection (4), every person who possesses any child pornography is guilty of (a) an indictable offence and liable to imprisonment for a term not exceeding five years and to a minimum punishment of imprisonment for a term of forty-five days; or (b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months and to a minimum punishment of imprisonment for a term of fourteen days.

What is the possible penalty for accessing child pornography under the Criminal Code?

Under subsection (4.1), every person who accesses any child pornography is guilty of (a) an indictable offence and liable to imprisonment for a term not exceeding five years and to a minimum punishment of imprisonment for a term of forty-five days; or (b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months and to a minimum punishment of imprisonment for a term of fourteen days.