Child Pornography Lawyer In Calgary

Child pornography is covered under s.163.1 of the Criminal Code

Child pornography is defined as a photograph, film, video or other visual representation in electronic or mechanical means that shows a person who is depicted as being under 18 engaged in explicit sexual activity.

Child pornography offences are divided into several offences, including:

  • Making child pornography
  • Distributing child pornography
  • Possession of child pornography and
  • Accessing child pornography

Making child pornography, and distribution of child pornography are both indictable offences where the maximum term of imprisonment is 14 years.

Possession and access of child pornography are hybrid offences. If proceeded summarily, the maximum punishment for these offences is 2 years and one day.

If the Crown proceeds by indictment, the maximum punishment is 10 years imprisonment.

Key Takeaways

  • The severity of a child pornography offence will vary depending on whether you are prosecuted summarily or by indictment. Some offences are hybrid in which the Crown can choose how to proceed, while others are straight indictable offences.
  • There is potential for incarceration for a child pornography charge, varying from 2-14 years.
  • Depending on the circumstances of the child pornography charges, there may be a presumption against granting bail.
  • Bail conditions can include refraining from contacting the alleged victim, a prohibition on drugs, alcohol, travelling, and weapons, and conditions such as curfew or house arrest.
  • Child pornography charges can be beaten. Contact a lawyer for assistance in determining the best strategy for you.

How can a child pronography lawyer in Calgary help?

When fighting a child pornography charge, there are numerous advantages to hiring a criminal defence lawyer. A lawyer will provide you with legal advice before they charge you, which will allow you to determine if you would like to continue with their services. A lawyer can also protect you against self-incrimination by allowing you to navigate your conversations with law enforcement.

A lawyer’s purpose is to be dedicated to helping you beat the charge.

A lawyer will gather evidence, interview witnesses, and retain expert witnesses if necessary to help you achieve the best possible outcome.

Lawyers also come with a wealth of experience navigating the criminal justice system and court process and can represent you during trial.

Child Pornography Lawyers Calgary

Child Pornography Charge in the Criminal Code of Canada

Child pornography has a broad definition in the criminal code.

The commonality between each definition is a person appearing to be under eighteen being depicted in electronic or physical media in a sexual way for sexual purposes. Child pornography offences can be divided into four separate offences.

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.

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.

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.

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.

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.

(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.

(4.3) If a person is convicted of an offence under this section, the court that imposes the sentence shall consider as an aggravating factor the fact that the person committed the offence with intent to make a profit.

Definitive Guide to Child Pornography Charges in Canada

If you or a loved one has been charged with child pornography, your best defence is an experienced legal team. Read our comprehensive guide to child pornography to learn about the charges, defences, and punishments.

Read The Guide
Child Pornography Lawyers Calgary

Examples of Child Pornography Charges

Some examples of a child pornography charge may include the following:

  • A person filming a underage person engaging in a sexual act;
  • A person selling pictures that depict a underage person’s genitals;
  • A person having child pornography on their community; or
  • Robbery of a poppy box from a store.

Child Pornography Charge Defences

Every case is different. The availability and strength of any defence depend entirely on the specific facts of your case. The strength of any available defence rests on the evidence against you and the precise details of the allegations. However, the following are some common defences that may be used when fighting a child pornography charge.

  • Factual innocence: There are circumstances in which you may be factually innocent of a theft charge. This can include having child pornography in your possession for the purpose of administration of justice, science, medicine, education, or art. Further, it is not an offence if the material does not pose an undue risk of harm to a person under eighteen years old.
  • Reasonable steps to ascertain age: it is not a defence to that a person in child pornography is depicted as being eighteen or more unless the accused took all reasonable steps to ascertain the age of the person and took reasonable steps to ensure they were not under 18 years old.
  • Private use: Materials that are self-created expressive material or private recording of lawful activity do not constitute child pornography. The accused must raise an air of reality to raise this defence, and then the Crown has the burden to prove this defence is inapplicable.
  • Identity: Depending on the circumstances of your case, a possible defence to a child pornography charge may be to raise an identity defence. In this case, for this defence to be raised successfully, you will have to prove that you were not the person who accessed, or distributed the child pornography.
  • Any applicable Charter defences: The Charter sets out your rights and freedoms before and after your arrest. If the police fail to abide by these rights deliberately or inadvertently, it could aid in your defence. If any of your Charter rights have been violated before or after your arrest, you may be able to have some or all of the evidence that the Crown is relying on to secure a conviction excluded under s. 24(2) of the Charter.

Sex Offence Successful Cases

Our team of criminal defence lawyers has supported hundreds of clients with sexual offence charges. Read our successful cases to learn more.

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What are the consequences of a child pornography charge?

Making child pornography and distribution of child pornography are indictable offences. There is a defence election of court under s. 536(2.1) of the Criminal Code and a preliminary inquiry can take place. The mandatory minimum punishment for these offences is 1 year incarceration while the maximum punishment is 14 years incarceration.

Possession of child pornography and accessing child pornography are hybrid offences with Crown election. This means that depending on the circumstances of your case, the Crown can elect to proceed by indictment or summarily. If an accused is prosecuted by indictment. There is a defence election of court under s. 536(2.1) of the Criminal Code for indictable charges. The maximum punishment for summary offences is 2 years less one day incarceration, while the minimum us 6 months incarceration. For indictable offences, the maximum punishment is 10 years while the minimum is one year.

Child Pornography Charge Investigation

An investigation into child pornography can be initiated in several ways. Sometimes, undercover officers may investigate these matters. Other times, the alleged victim or someone who comes across the material may report the crime to the police. In more serious investigations, the police may gather evidence for months and issue a warrant to collect items from the accused’s house before charges are laid. An accused will have access to the information obtained through the investigation in the disclosure package provided by the Crown.

Bail Conditions for Child Pornography Charges

If you are released on bail after being charged with child pornography, you will be provided certain conditions which you must follow after being released to the public. If you do not follow these conditions, you can be arrested and held in custody pending another bail hearing. Your bail conditions will provide certain restrictions which you must follow.

Conditions could involve a no-contact condition with the alleged victim(s) and a no-go condition to the victim’s property. Depending on your condition when committing an offence, conditions may limit drug and alcohol use or the possession of firearms and other weapons. You may also have conditions prohibiting your access to the internet or your exposure to children. More severe conditions can include house arrest or curfew conditions.

Frequently Asked Questions About Child Pornography

Will a child pornography charge show on my criminal record while the case is ongoing?

While a child pornography charge will not show up on a criminal record while a case is ongoing, police databases will show that you have been charged with an offence. A vulnerable sectors check can possibly see ongoing charges you have that you have not been convicted of.

Related Offences

  • Sexual Offences: Sexual offences involve making arrangement to have a child engage in sexually explicit behaviour, such as the creation of child pornography.
  • Child Luring: Child luring occurs when a person communicates to a minor over the internet with the purpose to commit sexual offences, such as make child pornography.
  • Sexual Assault: Sexual assault is unwanted sexual activity, which may be present in the creation of child pornography.
  • Sexual Interference Charge: Sexual interference occurs when a person directly or indirectly touches any part of the body of a person under 16 for a sexual purpose, which may occur in the production of child pornography.
  • Voyeurism: Voyeurism involves secretly observing individuals who are engaging in sexual acts, which may be the case in child pornography.

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