Sections 163 of the Canadian Criminal Code is dedicated to the charge of child pornography.
This charge can be included for a number of scenarios:
a) Making child pornography
b) Distribution of child pornography by any means
c) Possession of child pornography
d) Accessing child pornography
FAQ: What falls under the definition of child pornography?
A: According to the Canadian Criminal Code, child pornography means a photo, film, video, or
other visual representation of a person who is, or is depicted as, under the age of eighteen. The
person can either be engaged in, or depicted as engaging in, explicit sexual activity.
This includes any written material, visual representation, or audio recording that advocates for
or counsels sexual activity with a person under the age of eighteen.
FAQ: Is it a defence to claim I believed the person was over the age of eighteen?
A: No, unless you have proven to take all reasonable steps to ascertain the age of the person,
and that, if the person is over the age of eighteen, the representation of the person is depicting
that the person is over the age of eighteen. In short, if the person is underage or they are over
eighteen and acting to be underage, then this cannot be a defence.
FAQ: Can the police search my computer if I am charged with child pornography possession?
A: If so, the police have the right to request a search and seizure warrant of any visual or audio
materials that a court reasonably believes to be child pornography. A judge has the power to
authorize the removal of all materials related to child pornography in a computer system, and
the power to order a computer system operator to identify the person responsible for posting
or storing the materials. However, if the police do not have a warrant to do so, they cannot
search your phone or computer.
FAQ: What happens if I am charged with child pornography?
A: Depending on a number of circumstances, the minimum sentence is six months
imprisonment and the maximum sentence is 14 years.
Along with this, you can be admitted onto the National Sex Offender Registry, which also means
you will not be allowed to visit places where people under the age of 16 may be present,
amongst other prohibitions and limitations after being sentenced.
If you are being investigated for child pornography – this is a very serious matter and you need a lawyer immediately. Please call David Karp immediately for a free consultation.
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