Child Porn

Have you been charged with possessing or distributing child pornography?

Definition of child pornography is rather broad.  It includes photographs, videos, pictures, and even written material (for example, fictional stories) that represent person(s) under 18 years old who are involved in sexual activity, or advocates or promotes it.


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Minimum Penalty

Current minimum penalty for assessing or possessing child porn is 90 days jail.  Minimum jail term for distributing is also 90 days. Minimum for making child porn (rather uncommon in Canada) is 6 months in prison.

Does the Crown have to prove that I accessed child porn on purpose? What if I downloaded it accidentally?

The short answer is “yes”.  The Crown has to prove that you had a criminal intent, a guilty mind.

How does the Crown go about proving intent in child porn cases?

Child Exploitation police squads in Ontario are equipped with advanced software allowing them to track child porn related activity on the web very efficiently.  The police concentrate their efforts on IP addresses from which child porn is assessed numerous times as opposed to those from which it was assessed only once or twice.