Engaging in activities such as creating, distributing, possessing, accessing, or trading child pornography can result in a conviction for related criminal activities.
Have you been charged with child pornography? Call (306) 994-9522 for a free consultation with a criminal lawyer.
Child Pornography Penalties
Convictions for child pornography offences carry varying maximum penalties, with the severest carrying a term of ten-year imprisonment. Different types of child pornography offences attract different penalties.
Producing and Distributing Child Pornography: Minimum of six months to a maximum of ten years imprisonment.
Possessing or possessing and accessing child pornography: Minimum of 90 days in jail, with the potential for up to five years imprisonment.
Additionally, an individual found guilty of a child pornography charge will also be subjected to registration under the Sex Offender Registry Information Act (SOIRA).
Prosecutors must demonstrate that the material in question is indeed child pornography and that the accused was aware of its nature. For charges of accessing, creating, or distributing, the intent of the accused is a crucial factor for conviction.
Defining Child Pornography
According to the Criminal Code, any visual depiction of a person under the age of 18 engaging in sexual activity is child pornography or any depiction of a person under the age of 18 years old where the dominant characteristic is the depiction of the anal or genital region or breasts for a sexual purpose.
The law also criminalizes written or audio content that predominantly involves or encourages sexual activity with minors.
Are you facing a child pornography charge? Dial (306) 994-9522 to receive a free initial consultation with a criminal lawyer.
Understanding the Legal Definition of “Possession”
Possession implies awareness and control over the material. The shared use of computers, where child pornography is often found, complicates proving possession due to potential lack of individual knowledge.
The “Sexting” Exception
Canadian law recognizes a 'private use' exception, allowing individuals to have and share explicit images of themselves or others in the image, provided everyone is consenting, the activities are lawful, and there is no exploitation.
Challenging Child Pornography Charges
Defences under section 163 of the Criminal Code include:
- Non-qualifying material: Arguing that the material does not meet the legal definition of child pornography.
- Lack of knowledge: The accused did not know about the illegal material.
- Private use: Limited allowances for possession of certain images under strict conditions.
- Legitimate purpose exception: Exemption for those with a valid reason related to justice, science, medicine, education, or art, provided it does not harm minors.
Retain Nicholas Robinson, Sexual Assault Lawyer to Fight Your Criminal Charges
Nicholas Robinson is a criminal lawyer with offices in Regina, Saskatchewan and Toronto, Ontario who is dedicated to creating client-centred solutions. Nicholas attempts to craft legal solutions that match the goals and personal circumstances of each individual client.
Don’t hesitate to call Nicholas Robinson for a free criminal lawyer consultation at (306) 994-9522 and to learn about how a criminal defence lawyer can assist with your child pornography charge.