What constitutes Child Pornography?
Any depiction by way of photograph, film, video, online or other visual presentation of a person under the age of 18 for a sexual purpose will constitute Child Pornography. This can include depictions of sexual organs, anal region, or sexual activity.
It is also illegal to counsel any sexual activity with a person under the age of 18 by way of audio, publication, or visual media.
The law applies to distribution and possession. Not all pornography is legal and having Child Pornography on your computer is an offence.
It is not enough to argue you didn’t know the person was under the age of 18.
Can I take pictures of my child in the bath tub?
Yes. The law only applies to the use of any media to depict a child for a sexual purpose. That said, we would highly recommend that you don’t share those pictures, especially over your computer, phone or tablet. Unfortunately, it is possible for your precious child’s picture to be used in a very corrupt way.
What to do if charged with Child Pornography?
It is important to speak to a lawyer right away. You have a right to speak to counsel upon detention, do so! Don’t speak to police, no matter how pleasant or rude they are to you.
Most often these charges require counsel to review and retrieve any alleged evidence the Crown/Police may have in your case. You will not be entitled to this material in your disclosure.
In some occasions experts will be required to testify on your behalf.
The ramifications of a finding of guilt can have a major affect on your life – speak to counsel and know just what these ramifications are. You may qualify for Legal Aid: See Legal Aid Ontario Information.
Criminal Defence Lawyers
I am here to help you through the process of being charged with Child Pornography. I can assess the case and provide you with advice on how to address your matter. My job is to make the process easier for you - to review your case in relation to the charge(s) you are facing - address the court when, and as necessary – deal with the Crown Attorney for your matter – and give you the best defence at trial, or plea resolution possible. Child Pornography trials can be involved and frightening, make sure you have a lawyer that understands the law and is prepared to act for you.
If you or someone you care about is looking for a criminal lawyer in Ontario, please contact us 24/7 for help:
Toll Free: 1-877-751-4040
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