Have you been charged with possession of child pornography?
If you, or someone you know, has been charged with child pornography, it’s important to know what possession means, and the consequences of a serious charge.
How is possession defined?
In terms of the law, possession would mean that a person has knowledge and control in order to be in possession of something.
Note that if a person is charged with possession of child pornography, the Crown does not have to prove that person viewed the materials. This would mean that if that person was aware of the contents of the materials, and proceeded to download, export, or otherwise kept the materials in possession, they can still be charged regardless of whether or not it was viewed.
What constitutes as child pornography?
Under the 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 counsel’s sexual activity with a person under the age of eighteen.
What happens if I, or someone I know, is charged with possession of child pornography?
If the charge is treated as an indictable offence, there is a maximum sentence of 10 years in prison, and a minimum of 1 year sentence in jail.
If the charge is treated as a summary offence, there is a maximum sentence of imprisonment for 2 years less a day, and a minimum sentence of 6 months in jail.
David offers free consultations to anyone facing criminal charges and looking to hire a lawyer.
If you are being investigated or feel that you are going to be charged with a crime, call or TEXT 604-218-0840 for an appointment or fill out the free consultation form.
