Obscenity charges carry serious legal repercussions and can have significant personal consequences. These laws address conduct that is considered harmful to public morals and can include penalties even for possession with the intent to distribute certain materials.

Obscenity: Legal Definition

Under section 163 (1) of the Criminal Code, every person commits an offence who makes, prints, publishes, distributes, circulates or has in their possession for the purpose of publication, distribution or circulation any obscene written matter, picture, model, phonograph record or any other obscene thing.

(2) Every person commits an offence who knowingly, without lawful justification or excuse,

(a) sells, exposes to public view or has in their possession for that purpose any obscene written matter, picture, model, phonograph record or any other obscene thing; or

(b) publicly exhibits a disgusting object or an indecent show.

Charged with obscenity? Call (855) 585-1777 to discuss your case in a private consultation with a criminal defence expert.

Offences Involving Obscenity

Under Section 163, obscenity-related offences fall into three primary categories:

  1. Production and Distribution: The creation, printing, or dissemination of obscene materials to the public.
  2. Possession for Circulation: Possessing obscene material with the intent to share or sell.
  3. Public Display: Exhibiting obscene materials or displays in a public setting.

Possession for Private Use

The Criminal Code focuses primarily on the distribution and public display of obscene material. Simply possessing obscene material for personal use without the intent to distribute typically does not constitute an offence. However, if there is evidence of intent to share or publicly display, a charge may still apply.

Penalties for Obscenity Convictions

Obscenity charges in Canada are considered hybrid offences, meaning the Crown can proceed either by summary conviction or indictment based on the seriousness of the case. Possible penalties include:

  • Summary Conviction: A maximum sentence of two years less a day in jail or a fine of up to $5,000.
  • Indictable Offence: A maximum of two years in prison.

Aggravating Factors

In obscenity cases, several factors may aggravate the offence potentially leading to more severe sentencing. These include:

  • Previous convictions for obscenity or related offences.
  • Distribution to or targeting of minors or vulnerable groups.
  • Display of obscene content in areas accessible to children.
  • Involvement in large-scale production or distribution networks.
  • Violations of public trust, especially by those in positions of authority.

Looking for experienced legal guidance on obscenity charges? Contact (855) 585-1777 to consult with a criminal defence lawyer.

Available Dispositions for Obscenity Charges

Summary and Indictable Dispositions Available

  • Discharge
  • Suspended Sentence
  • Fine
  • Fine + Probation
  • Jail
  • Jail + Probation
  • Jail + Fine

Defence of Public Good

The Criminal Code allows for a public good defence under Section 163(3), which may apply if the materials or conduct served a beneficial purpose, such as advancing art, science, or literature. However, the material or act must stay within boundaries that serve public interests without crossing into harm. 

Potential Defences to Obscenity Charges

If facing an obscenity charge, several defences may be available depending on the case details:

  • Public Good Defence: Demonstrating that the material had a legitimate public benefit in art, science, or literature.
  • Lack of Knowledge: The accused may argue they were unaware of the material’s obscene nature or did not intend for it to be publicly available.
  • Unlawful Search and Seizure: Evidence obtained unlawfully can be excluded, which may impact the prosecution's case.

Obscenity charges are serious and can lead to long-term repercussions. Having an experienced criminal lawyer is vital for understanding your options, challenging the evidence, and building a strong defence.

Don’t Face Your Obscenity Charge Alone

An experienced criminal defence lawyer is vital when dealing with obscenity 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 obscenity 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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