Child Pornography

Child pornography charges are among the most serious criminal charges under Canadian law, carrying substantial penalties and lifelong consequences. 

Child Pornography: Criminal Code 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.

Facing child pornography charges? Call (306) 994-9522 for a free consultation with a criminal lawyer.

Child Pornography Offences

• Possession of Child Pornography s. 163.1(4): Holding, owning, or controlling material that fits the definition of child pornography. 
• Accessing Child Pornography s. 163.1(4.1): Involves intentionally viewing or downloading child pornography without the need to permanently retain a copy. Accessing is treated similarly to possession, with the Crown needing to prove that the accused knowingly accessed the material.
• Making or Distributing Child Pornography s. 163.1(2)(3): These are more severe offences that include creating, producing, or sharing child pornography. The penalties are among the most severe, given the gravity of facilitating the exploitation of minors.

Penalties and Consequences for Child Pornography

Child pornography offences are considered hybrid offences, meaning the Crown can choose to proceed by summary conviction or indictment depending on the severity of the case. The election made by the Crown influences the potential penalties:

Possession or Accessing Child Pornography:

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

Making or Distributing Child Pornography:

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

Aggravating Factors

• Abuse of trust or authority over the victim.
• The age of the victim, with younger children leading to harsher penalties.
• The frequency and duration of the exploitation.
• The likelihood of reoffending, as well as the offender’s intent and behaviour.

Charged with a child pornography related offence? Dial (306) 994-9522 for a complimentary consultation with a criminal defence lawyer.

Additional Consequences for Child Pornography

Beyond imprisonment, those convicted of child pornography offences may face additional consequences, such as:

• Sex offender registration: Mandatory registration in the National Sex Offender Registry.
• National DNA Databank: A conviction typically results in a mandatory submission of DNA to the National DNA Databank.
• Weapon prohibitions: Convicted individuals may face restrictions on owning or possessing firearms.
• Travel restrictions: Convicted offenders may face limitations on their ability to travel internationally, as many countries deny entry to individuals with child pornography convictions.
• Restricted access: Courts often impose orders preventing access to places where children are likely to be, such as schools or playgrounds.

Potential Defences Against Child Pornography

Facing a child pornography charge is daunting, but there are defences available depending on the facts of the case. Common defences include:

1. Lack of knowledge or intent: The accused may argue that they were unaware that the material in question constituted child pornography or that they did not knowingly access or possess the material.
2. Mistaken identity or false accusation: This defence may be raised in cases where others had access to the device or the accused's identity was confused with another.
3. Improper search or seizure: Evidence obtained through an illegal search or seizure may be excluded from the trial.
4. Private-use Exception: In R. v. Sharpe (2001 SCC 2), the Supreme Court recognized a limited exception for materials created solely for private use by the individual. However, this exception is narrowly defined and generally does not apply to most forms of child pornography. It also does not protect materials shared or intended for distribution.

Child pornography cases are complex and carry serious consequences. It is crucial to seek an experienced criminal lawyer as soon as possible if you have been charged with child pornography. A criminal defence lawyer can assess the specifics of your case, challenge the evidence, and work towards the best possible outcome.

Have You Been Charged with Child Pornography?

An experienced criminal defence lawyer is essential when facing child pornography 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 child pornography. Call (306) 994-9522, and a skilled criminal defence lawyer will discuss your case with you and explore your options.