Teens / Minors Can be Charged with Possession and Distribution of Child Pornography

Legal definitions related to sexting include: Child pornography: it’s illegal to send sexual photos/videos of anyone who is, or appears to be, under 18. This includes taking and sending sexual photos/videos of yourself if you’re under 18.

Definition of child pornography

• 163.1 (1) In this section, child pornography means

  • (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.

• Marginal note:Making child pornography

  (2) Every person who makes, prints, publishes or possesses for the purpose of publication any child pornography is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year.

• Marginal note:Distribution, etc. of child pornography

  (3) Every person who transmits, makes available, distributes, sells, advertises, imports, exports or possesses for the purpose of transmission, making available, distribution, sale, advertising or exportation any child pornography is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year.

• Marginal note:Possession of child pornography

  (4) Every person who possesses any child pornography is guilty of

  • (a) an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or

  • (b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.

• Marginal note:Accessing child pornography

  (4.1) Every person who accesses any child pornography is guilty of

  • (a) an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or

  • (b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.

• Marginal note:Interpretation

  (4.2) For the purposes of subsection (4.1), a person accesses child pornography who knowingly causes child pornography to be viewed by, or transmitted to, himself or herself.

• Marginal note:Aggravating factor

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If you are under 18 and taking nude selfies to send to others – this is considered possession of child pornography as well as distribution. The only factor considered in law is the age of the person in the photo.

All genders need to be aware of the legal consequences of engaging in such activity. If a minor has shared photos of another minor especially without consent, you could be charged with child pornography which has serious, life long consequences.