Among the criminal offenses of a sexual nature, child pornography represents a real societal stake, because if the community must make sure to protect the victims, it owes it all the more when they are minor.
Section 163.1 of the Criminal Code brings together the four offenses related to child pornography. An individual may be arrested for possession of child pornography, for accessing it , for producing it or for distributing it .
Any image and in general any graphic representation, of any format or on any medium whatsoever (paper, audio-visual, electronic etc.), of an individual under 18 years of age - the fact that he if it is a person of full age but is considered to be a minor or is suspected to be a minor, falls into the same category - engaging in sexual activity, is child pornography . It goes without saying that sexual intercourse between minors or between minors and adults will be included here.
Of course, to suggest or advise such activities to a minor or an adult who would have custody or responsibility, for example, a conversation or an exchange on a social network or a Any server will be similarly reprimanded by law.
It is the remains absolutely essential that the representation we treat here reveals any activity of a sexual nature involving a minor. Taking photos of minors without their knowledge, in a park or on the street, could constitute the production of child pornography, since the author insists on their genitals for example.
Section 163.1 of the Criminal Code brings together the four offenses related to child pornography. An individual may be arrested for possession of child pornography, for accessing it , for producing it or for distributing it .
Any image and in general any graphic representation, of any format or on any medium whatsoever (paper, audio-visual, electronic etc.), of an individual under 18 years of age - the fact that he if it is a person of full age but is considered to be a minor or is suspected to be a minor, falls into the same category - engaging in sexual activity, is child pornography . It goes without saying that sexual intercourse between minors or between minors and adults will be included here.
Of course, to suggest or advise such activities to a minor or an adult who would have custody or responsibility, for example, a conversation or an exchange on a social network or a Any server will be similarly reprimanded by law.
It is the remains absolutely essential that the representation we treat here reveals any activity of a sexual nature involving a minor. Taking photos of minors without their knowledge, in a park or on the street, could constitute the production of child pornography, since the author insists on their genitals for example.
THE PRODUCTION OF JUVENILE PRONOGRAPHY
It is possible to be charged with producing child pornography material as such (section 163.1 (2) of the Criminal Code).
What will be repressed here is the fact of producing, of making the forbidden material. The writing of any text (for example, referring to the genitals of minors or to sexual activities involving them) is doomed. A sound recording will suffice here too. Needless to say, publication, printing or any other form of reproduction on any medium will fall under the law.
What will be repressed here is the fact of producing, of making the forbidden material. The writing of any text (for example, referring to the genitals of minors or to sexual activities involving them) is doomed. A sound recording will suffice here too. Needless to say, publication, printing or any other form of reproduction on any medium will fall under the law.
THE DISTRIBUTION OF JUVENILE PORNOGRAPHY
The distribution offense enshrined in section 163.1 (3) of the Criminal Code penalizes the mere passing on or distribution in the strict sense of the term of selling, importing, exporting, advertising or making accessible child pornography.
There must be a specific criminal intent, that there is full knowledge of the thing. Possessing the material yourself is wrong under the Criminal Code, but knowing that it is accessible is another matter. This is all the more so when, in the case of a file-sharing program, the Crown must prove, beyond a reasonable doubt, the specific intent to make the contaminated files accessible to others by using the program. file sharing.
The voluntary blindness of the accused will exempt the Crown from evidence of knowledge.
There must be a specific criminal intent, that there is full knowledge of the thing. Possessing the material yourself is wrong under the Criminal Code, but knowing that it is accessible is another matter. This is all the more so when, in the case of a file-sharing program, the Crown must prove, beyond a reasonable doubt, the specific intent to make the contaminated files accessible to others by using the program. file sharing.
The voluntary blindness of the accused will exempt the Crown from evidence of knowledge.
POSSESSION OF JUVENILE PORNOGRAPHY
In addition to possessing child pornography photographs or videos on a CD or a USB key, the presence of files on a computer hard drive is a possession offense within the meaning of section 163.1 (4) of the Criminal Code. It should be emphasized here the risk, for consumers of pornography on the internet because in fact, it will not be possible, unless very special circumstances, to pretend to ignore the presence of illegal files on his hard drive just because we was engaged in so-called bulk download.
The offense of possession of child pornography is one of specific intent. There must be awareness of the criminal nature of the object of the crime. Here we need a control over the thing. It is about being able to access forbidden material by being aware of its criminal nature. As often, it could be deduced from the facts or circumstances of a case, that the accused was blind voluntarily.ACCESS OF JUVENILE PORNOGRPAHIE
The offense of possession of child pornography is one of specific intent. There must be awareness of the criminal nature of the object of the crime. Here we need a control over the thing. It is about being able to access forbidden material by being aware of its criminal nature. As often, it could be deduced from the facts or circumstances of a case, that the accused was blind voluntarily.
ACCESS OF JUVENILE PORNOGRPAHIE
Section 163.1 (4.1) of the Criminal Code deals with the offense of access to child pornography. According to the Supreme Court of Canada, in Morelli in 2010, "simply viewing images online is the crime of access to child pornography created by Parliament in section 163.1 (4.1)" ( R v. Morelli , [2010] 1 SCR 253, at para. 31). it is clear that whatever the charge which is subject to child pornography, the provisions of section 163.1 of the Code Criminal are interrelated and that the consequences of a conviction will prove hard to bear.
Boudreau Temim lawyers inc. ensure that your rights are respected. We will analyze the evidence against you and we will make every effort to offer you the best defense possible.
Boudreau Temim lawyers inc. ensure that your rights are respected. We will analyze the evidence against you and we will make every effort to offer you the best defense possible.
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