Obscenity

Obscenity involves strict regulations and carries significant consequences, especially given their potential social harm. 

Obscenity: Criminal Code Definition

According to 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.

Facing an obscenity charge? Call (306) 994-9522 for a confidential consultation with a criminal defence lawyer.

Types of Obscenity Offences

Under Section 163(1), there are specific actions related to obscene materials that are considered offences:

1. Making, Publishing, and Distributing: Creating or disseminating obscene content for public distribution.
2. Possession for Distribution: Holding obscene material with the intention to circulate or sell.
3. Public Exhibition: Displaying indecent shows or objects to the public.

Possession for Personal Use

It is crucial to understand that the possession of obscene material for personal use does not, in itself, constitute an offence under Section 163. However, the offence may apply if intent to distribute or publicly expose the material is proven.

Penalties and Consequences for Obscenity 

Obscenity charges are hybrid offences, meaning the Crown may choose to prosecute by indictment (more severe penalties) or by summary conviction (less severe penalties). 

Key penalties include:

• Summary Conviction: Maximum penalty of two years less a day imprisonment and/or a $5,000 fine.
• Indictable Offence: Maximum sentence of two years imprisonmnt.

Aggravating Factors

The courts may consider several aggravating factors that can lead to more severe penalties in obscenity cases, including:

• Previous convictions related to obscenity or similar offences.
• The distribution of obscene materials to minors or vulnerable individuals.
• Public display or exposure of obscene materials in settings where children may be present.
• Evidence of extensive production or distribution networks.
• Breaches of public trust or misuse of a position of authority.

Need legal advice for an obscenity offence? Contact (306) 994-9522 to speak with an experienced criminal lawyer today.

Dispositions Available for Obscenity Offences

Summary and Indictable Dispositions Available

• Discharge
• Suspended Sentence
• Fine
• Fine + Probation
• Imprisonment
• Imprisonment + Probation
• Imprisonment + Fine

Defence of Public Good

An important defence to obscenity charges under Section 163(3) is the public good defence. This clause allows individuals to argue that their actions served the public good (e.g., contributions to art, science, or literature) without extending beyond necessary boundaries. 

Whether an act served the public good is determined as a matter of law, whereas the extent of the action is a question of fact. However, motives, such as artistic intent or educational value, are typically considered irrelevant in determining guilt under this section.

Potential Defences Against Obscenity Charges

Facing an obscenity charge can be challenging, yet several defences may apply depending on the facts of the case:

• Public Good Defence: As noted, if the material was produced or distributed in a way that benefits public morality, education, or justice, it may qualify for this defence.
• Lack of Knowledge: The accused may argue they were unaware of the material’s obscene nature or that it was not intended for public view or distribution.
• Improper Search and Seizure: Evidence obtained unlawfully could be excluded from the trial, impacting the case.

Obscenity cases are complex and can result in significant, lasting consequences. Securing an experienced criminal lawyer early on is essential if you are facing obscenity charges. A skilled defence lawyer can evaluate the specific details of your case, scrutinize the evidence, and work toward the best possible outcome.

Have You Been Charged with Obscenity?

An experienced criminal defence lawyer is essential when facing obscenity charges. A criminal defence lawyer can help you navigate the complexities of the legal system, protect your rights, and develop a strong defence strategy tailored to your case.

Need a Criminal Defence Lawyer? Get a Free Legal Consultation With Nicholas Robinson, Criminal Defence Lawyer

Don't hesitate to reach out to us if you have been charged with obscenity. Call (306) 994-9522, and a skilled criminal defence lawyer will discuss your case with you and explore your options