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Child Pornography Offences

Child Pornography (s. 163.1 (1)) Charges in Canada: Offences, Defences, Punishments

What is child pornography? Child pornography is addressed under section 163.1 (1) of the Criminal Code of Canada (the “Code”). This severe offence is classified in Canadian law as an offence “tending to corrupt morals.” There are four primary offences within the parameters of child pornography covered by the Code: Accessing child pornography; Possessing child pornography; Distributing child pornography; and Making child pornography. ...

Age of Consent in Canada: Laws, Exceptions, Offences, Defences

When someone reaches the age of consent in Canada, they can legally agree to sexual activity. Meanwhile, the criminal law sets severe penalties for those who engage in sexual activities with young persons below the age of consent, penalizing such activities by Canadians both inside and outside of Canada. The law sets several exceptions and includes defences for those investigated or prosecuted for ...

What are the best defenses to a child pornography charge?

Defending child pornography offences in Canada is very difficult, and the best defences to your charge will depend on the specific circumstance of your case. However, one way of defending a child pornography charge is to rely on the statutory defence set out in section 163.1(6) of the Criminal Code. According to this section, you cannot be convicted of a child pornography offence if ...

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