Be well defended on Cybercrime charges
Possessing child pornography
Child pornography is any image, video or visual representation that depicts someone under the age of eighteen engaged in sexual activity or where the main characteristic is the depiction, for a sexual purpose, of a sexual organ.
Possession is probably the most common offence of child pornography. When charged with this offence, the Crown must prove in the judicial process that the accused has both knowledge and control over the material in his possession.
Distribution of child pornography
Distribution of child pornography includes transmitting, making available, distributing, selling, advertising, importing, exporting or possessing for the purpose of transmitting.
An example of distribution is where the materials are discovered by way of an investigation into peer-to-peer file sharing activities. Peer-to-peer software is one of the most popular forms of distributing child pornography
Producing child pornography
The making of child pornography is when one prints, publishes or possesses for the purpose of publication. It includes taking photographs or videos on any device.
Making child pornography carries very serious consequences if convicted, as is the case for all other child pornography offences. Minimum penalties have been established in the Criminal Code.
Accessing child pornography
The Criminal Code has established a section specifically targeting the access of child pornography. In this case, an individual does not need to have the content in his possession in order to be found guilty.
Simply accessing child pornography on the internet is enough to warrant a charge under the child pornography section. If an individual knowingly opens a file or links to a website or uses social media to view any form of child pornography, that individual could be charged with accessing child pornography.
Luring a minor
The offence of luring a child for a sexual purpose is committed when an accused, by means of telecommunication, communicates with:
A person who is, or who the accused believes is, under the age of 18 years, for the purpose of facilitating the commission of certain designated offences with respect to that person (such as a child pornography offence).
A person who is, or who the accused believes is, under the age of 16 years, for the purpose of facilitating the commission of certain designated offences with respect to that person (such as sexual interference, invitation to sexual touching and sexual assault).
A person who is, or who the accused believes is, under the age of 14 years, for the purpose of facilitating the commission of child abduction.
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