Possession of Child Pornography - Criminal Lawyers

Anyone who intentionally produces, publishes, possesses, accesses, distributes, circulates or trades any child pornography can be convicted of a child pornography related offence.

In order for a person to be convicted of an offence under this section, the prosecution must prove (among other things) that the subject matter is actually child pornography and that the person charged with possession knew that it was. If a person is charged with accessing, production and distribution, the prosecutor must prove that the accused person did this intentionally.

Our Criminal Lawyers defend all possession of child pornography, making child pornography, distributing child pornography charges. Call our team of Criminal Lawyers for a free consultation.

Our experienced team of Criminal defence Lawyers represent clients charged in Mississauga, Brampton, Milton, Newmarket, Toronto, Oshawa, Orangeville, Hamilton, Barrie, Oakville, Burlington, Guelph, Kitchener, North York, and across Southwestern Ontario.  If you have been charged with a criminal charge, contact our Criminal Lawyers for a free telephone case evaluation today.  We will fight to defend your charges and get you the results you deserve.

Definition of child pornography:

Section 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.

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