Section 163.1 of the Criminal Code of Canada provides a comprehensive definition of child pornography. The term includes photographs, films, videos, and any other visual representation, regardless of whether it is created by electronic or mechanical means. This includes:
- Imagery showing a person under 18 years old engaged in explicit sexual activity.
- Visuals focused on the sexual organs or anal region of someone under 18 for a sexual purpose.
- Written materials, visual representations, or audio recordings that advocate or encourage sexual activity with anyone under 18.
- Written content that primarily describes sexual activity with minors for a sexual purpose.
- Audio recordings describing or representing sexual activity involving anyone under 18 for a sexual purpose.
- Drawings, cartoons, and other visual artwork.
- Stories, books, and other forms of written works.
Penalties for Possessing Child Pornography
Possessing child pornography in Canada carries serious consequences. When someone is convicted of a summary conviction offence, the minimum penalty is six months’ imprisonment, with a maximum of two years less a day. If convicted of an indictable offence, the minimum sentence is one year, and the maximum goes up to 10 years in prison.
- Accessing child pornography:
- Same penalties as possession
- Making or distributing:
- Indictable offence
- Minimum one-year imprisonment
- Maximum 14-year prison term
The Criminal Code names profit-making intent as an aggravating factor in sentencing decisions.
Longer-Term Repercussions of a Conviction
A conviction for child pornography has significant long-term effects on offenders. These impacts include:
- National Sex Offender Registry: Offenders are listed and must comply with strict reporting rules.
- DNA Database Submission: Offenders must provide a DNA sample to a national database.
- Firearms Ban: Offenders face restrictions on owning or using firearms or weapons.
- Restricted Access: There are bans on visiting places frequented by minors under 16.
Defending Against Child Pornography Charges
Facing child pornography charges is serious and requires a strong defence strategy. It is crucial for the defendant to:
- Hire an experienced criminal defence lawyer who can navigate the complexities of the law.
- Understand the role of Crown prosecutors and how they will present the case during the trial.
The penalties for such convictions are severe, making it essential to have experienced legal representation that can provide a thorough and strong defence. Seeking professional legal help early can significantly impact the outcome of the case. Contact us at Kruse Law Firm for a fast and free consultation to discuss your legal options.