Child pornography offences are extremely serious. A conviction for possession, accessing, distributing, or making child pornography can attract a significant jail sentence. In addition to a jail sentence, ancillary orders that accompany a child pornography conviction will require registration with the Federal and provincial sex offender registries. Moreover, upon conviction, the Court will order restrictions upon contact with individuals under the age of 16.
Child Pornography is defined in Section 163.1 of the Criminal Code of Canada as follows:
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,
(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.
There are four general categories of child pornography offences. These are:
Possession of child pornography – Possession of child pornography means that the accused is alleged to have both knowledge and control over the pornographic material. This is probably the most common allegation with respect to child pornography in Mississauga and the surrounding areas.
Every person who possesses any child pornography is guilty of 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.
Accessing Child pornography- The internet consists of content which is not labeled or mislabeled too, and there will be people with malicious intent who purposely try to misname files and share them in order to incriminate the users.
Every person who accesses any child pornography is guilty of 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.
Distribution of Child pornography – Internet child pornography is unlike most crimes local police departments handle. Local citizens may access child pornography images that were produced and/or stored in another city or on another continent. Alternatively, they may produce or distribute images that are downloaded by people thousands of miles away. An investigation that begins in one police district will almost certainly cross jurisdictional boundaries.
Every person who Distribute 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.
Making Child pornography – The making refers to a person that makes, prints, publishes, or possesses child pornography for the purpose of publication. This offence is more serious than the offences of accessing and possession of pornographic material involving a minor. These allegations are serious, and an experienced child pornography lawyer should be hired to defend against such charges.
Making Child pornography is obviously a serious criminal offence that carries a mandatory minimum sentence of one year. A conditional sentence (otherwise known as house arrest) is not available whenever the Criminal Code imposes a minimum sentence and is therefore not an available option in these cases.
The following are some of the most common legal defenses against child pornography charges that your attorney may choose to use, depending on the details of your case:
If you are facing allegations of indecent act or charges of child pornography in Mississauga, our lawyers can provide you with the defence and information you need.
The very first step of bringing client onboard is to have a no obligation consultation.
Then comes the evaluation of the situation. And building the case background.
After building the whole case, now is the time to fight it in the court.
As we fight the case, we keep on collecting more information to support the case.