Child Pornography
Sexual Offences
Child pornography is defined as images, videos, or visual representations that depict a child under the age of eighteen engaged in activity that is considered sexual / primarily focuses on the sex organs. Child nudity, or artwork of children that is not intended for a sexual function is not considered child pornography. In Canada, most child pornography charges carry a minimum jail sentence when convicted. Charges of this nature should be immediately investigated by an experienced criminal lawyer.
Definition of child pornography
The Canadian Criminal Code defines child pornography as:
- a photographic, film, video or other visual representation, whether or not it was made by electronic or mechanical means,
- 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
- 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;
- 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;
- 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
- 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.
Four primary offences
In Canada, there are four primary offences that fall within the parameters of child pornography:
- Accessing child pornography,
- Possessing child pornography,
- Distributing child pornography, and
- Making child pornography.
Speak to our Vancouver Criminal Lawyers
Child pornography cases can become very technical. However, just because it is a very serious offence does not mean that a conviction is inevitable in all cases. Your best defence will depend on the specific circumstances surrounding the case. It will take an experienced team of lawyers to navigate the difficult and complex terrain surrounding cases such as these.
For further information or for a free initial consultation, please contact our Vancouver law office.