Being charged with child pornography is one of the most serious allegations under Canadian law. These offences carry harsh penalties and lasting consequences. This page outlines what child pornography is under the Criminal Code, the legal process you may face, and possible defences for those accused.

Child Pornography: Legal Definition

Child pornography is defined under Section 163.1(1) of the Criminal Code. 

(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.

Accused of a child pornography crime? Reach out to (855) 585-1777 for a no-obligation consultation with a skilled defence lawyer.

Types of Child Pornography Offences

There are four primary offences related to child pornography under the Criminal Code:

  1. Possession of Child Pornography (Section 163.1(4)): This offence involves knowingly having or controlling child pornography.
  2. Accessing Child Pornography (Section 163.1(4.1)): Accessing includes viewing or downloading child pornography without necessarily storing it permanently. The Crown must prove that the accused intentionally accessed the material.
  3. Making Child Pornography (Section 163.1(2)): This covers creating, producing, or filming child pornography.
  4. Distributing or Making Available Child Pornography (Section 163.1(3)): This offence involves sharing or facilitating access to child pornography, whether online or by other means.

Sentencing and Penalties for Child Pornography

Child pornography offences are classified as hybrid offences, meaning the Crown may choose to proceed by summary conviction or indictment based on the case's severity.

Possession or Accessing Child Pornography:

  • Indictable offence: 1-year minimum sentence, up to 10 years imprisonment.
  • Summary conviction: 6 months minimum, up to 2 years less a day in prison.

Making or Distributing Child Pornography:

  • Indictable offence: 1-year minimum sentence, up to 14 years imprisonment.

Need legal help with a child pornography charge? Contact (855) 585-1777 for a confidential consultation with a criminal defence expert.

Aggravating Factors in Sentencing

  • Abuse of trust or authority over the victim (such as a teacher or coach).
  • The age of the victim, with younger children often leading to longer sentences.
  • Frequency and duration of the offence, where prolonged abuse leads to more severe punishment.
  • Likelihood of reoffending, as determined by the court’s assessment of the offender’s behaviour.

Additional Consequences for Conviction

A conviction for child pornography doesn’t only result in imprisonment. You may also face:

  • Mandatory sex offender registration: Individuals convicted must register with the National Sex Offender Registry.
  • DNA submission: Convicted offenders will be required to provide a DNA sample for the National DNA Databank.
  • Weapons prohibitions: Restrictions on owning or possessing firearms are common following a conviction.
  • Travel limitations: Convictions often lead to restrictions on international travel, as many countries refuse entry to individuals convicted of sexual offences.
  • Restricted access: Courts may impose bans on visiting places frequented by minors, such as schools, playgrounds, or community centres.

Potential Defences Against Child Pornography Charges

Being charged with a child pornography offence is life-altering, but viable defences may exist based on the facts of your case. Some common defences include:

  1. Lack of knowledge: The accused may not have been aware of the nature of the material or that it constituted child pornography. The Crown must prove the accused knew the contents.
  2. Mistaken identity: If others had access to the device or account in question, it may be possible to argue that the accused was not responsible for accessing or possessing the material.
  3. Illegal search or seizure: Evidence may be excluded if law enforcement obtained evidence through an illegal search or without proper warrants.
  4. Private-Use Exception: The Supreme Court’s decision in R. v. Sharpe (2001 SCC 2) recognized a narrow exception for materials created by and for the accused’s private use alone. However, this exception is strictly limited and does not apply to most child pornography cases, particularly when materials are shared or distributed.

Child pornography charges are complex, and a conviction can have lifelong effects. An experienced criminal defence lawyer will assess the specifics of your case, challenge the evidence presented by the Crown, and provide you with the best possible defence strategy.

Don’t Face Your Importing and Exporting Drugs Charge Alone

An experienced criminal defence lawyer is vital when dealing with child pornography charges. They can guide you through the legal maze, safeguard your rights, and devise a robust defence strategy specific to your case.

Get a Free Legal Consultation With a Criminal Lawyer

Do not hesitate to contact us if you are facing child pornography charges. Call (855) 585-1777 and a skilled criminal defence lawyer will review your case with you and consider your alternatives.

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