Deciphering the Legal Landscape of Child Pornography Crimes in Canada

Canada Criminal Lawyer child pornography

The expansion of the internet in today’s society has unfortunately been accompanied by a surge in child pornography crimes. Grasping the legal ramifications and complexities of these offences is essential for the general public as well as individuals who are implicated. Canadian legislation details child pornography offences within Part V of the Criminal Code, under the category of “Sexual Offences, Public Morals, and Disorderly Conduct.”

Defining Child Pornography

The Canada Criminal Code, specifically section 163.1, provides a comprehensive definition of child pornography, covering a wide array of content that sexually exploits individuals under the age of 18. This encompasses:

  • Imagery or videos showing individuals under 18 in explicit sexual acts or displaying their sexual organs or anal region for a sexual purpose.
  • Any textual content, imagery, or audio that promotes or suggests sexual acts with minors.
  • Content primarily focused on describing, for a sexual aim, sexual activities involving minors.

Facing charges related to child pornography? Contact us at (855) 585-1777 for a complimentary consultation.

Categories of Child Pornography Offences

Child pornography laws are designed to penalize the production, distribution, and consumption of this illicit content, underlined by s.163 of the Criminal Code.

Making Child Pornography

Creating, recording, or photographing sexually exploitative content of minors is criminalized under s. 163.1(2) of the Criminal Code.

Distribution of Child Pornography

According to s. 163.1(3) of the Criminal Code, distribution includes any form of transmitting, sharing, selling, or advertising child pornography, as well as possession with intent to distribute.

Possession of Child Pornography

Defined in section 163.1(4) of the Criminal Code, possessing child pornography is knowingly controlling such materials, acknowledging both direct possession and control over a location where the content is stored.

Accessing Child Pornography

Per s. 163.1(4.1), accessing child pornography is characterized by intentionally viewing or downloading such content, with legal proceedings considering both indictable and summary conviction possibilities.

Confronting charges of child pornography? Reach out at (855) 585-1777 for a no-cost consultation.

Conviction Requirements

Proving a child pornography offence beyond a reasonable doubt necessitates demonstrating the accused’s awareness and intention in committing any of the specified crimes. An intent to profit elevates the severity of the offence, potentially resulting in stiffer penalties.

Defences Against Child Pornography Charges

The legal system identifies particular defences for those accused of child pornography crimes, including:

  • Belief in Age: Asserting the believed adulthood of an individual depicted in the material is not valid unless exhaustive steps were taken to verify their age.

Legitimate Purpose: Engagements serving a legitimate aim tied to justice, science, medicine, education, or art, and presenting no significant risk to minors, are recognized as a defence.

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