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By LegalMatters Staff • A variety of charges can be laid against those involved with child pornography, depending on whether you create the images, distribute them or view them.
The Criminal Code defines child pornography as any photo, video or other visual representation that shows someone under 18 either engaged in a sexual activity or where their sexual organs are visible.
“It also includes any written material, visual representation or audio recording that advocates or encourages sexual activity with a person under the age of 18,” says Calgary criminal lawyer Vince Semenuk.
“If you make, print, publish or possess these images or videos, you can be charged with making child pornography. This is an indictable offence that carries a maximum sentence of 14 years in prison,” he says.
Semenuk says the same maximum penalty can be given to those who distribute child pornography.
“Keep in mind that if you are using a peer-to-peer network such as BitTorrent to view and share pornographic images, that program will also upload your files to others, which means you can be charged with distributing child porn,” he says.
“And it is not a defence to say that you did not know that the files on your computer were being uploaded and shared by the torrent program without your consent or knowledge,” Semenuk adds. “It is also not a defence to say that you downloaded the images or videos out of curiosity and did not mean to make them available to others. If the material can be traced back to you, police can lay charges.”
He says even viewing child pornography online or in another format can lead to a maximum 10-year prison sentence, “even though more lenient sentences are often given for this crime.”
