s. 163.1
(4) Every person who possesses any child pornography is guilty of:
- (a) an indictable offence and liable to imprisonment of a term not exceeding five years and to a minimum punishment of imprisonment for a term of forty-five days; or
- (b) and offence punishable on summary conviction and liable to imprisonment for a term not exceeding 18 months and to a minimum punishment of imprisonment for a term of fourteen days.
s.163.1
(6) No person shall be convicted of an offence under this section if the act that is alleged to constitute the offence:
- (a) has a legitimate purpose related to the administration of justice or to science, medicine, education or art; and
- (b) does not pose an undue risk of harm to persons under the age of eighteen years.
Possession of Child Pornography is an extremely serious crime in Canada. In fact, in 2005 the Canadian Government amended the law to impose mandatory minimum jail sentences for any person convicted under this section regardless of age or circumstances.
In addition, every person convicted of a child pornography must register under SOIRA, Sexual Offender Information Registry Act, for a minimum of 10 years in summary conviction cases and 20 years in indictable cases.
The defence to a charge of possession of child pornography is often focused on computer storage of images. The issues relating to this area will often include the lawfulness of the search and seizure of computer records and proof of the accused’s access (as opposed to others) to the computer. In addition, these cases often give rise to the issues surrounding the admissibility of statements if the accused failed to exercise the right to remain silent. Finally, it is incumbent on the crown to prove that each image or video meets the definition prescribed in the Criminal Code.
It is imperative that a person suspected or accused of any charge relating to child pornography speak to a lawyer as soon as possible. The right to remain silent is crucial and should in almost every case be exercised.
Cost to Defend Possession of Child Pornography Charges
At Daley, Byers we canvass every possible defence to the charge. A person charged with possession of child pornography like any other individual is innocent until proven guilty. The Crown must prove each and every aspect of the case beyond reasonable doubt.
If the Crown is able to do so, all is not lost. The sentencing in these cases crosses a broad spectrum and it is important to negotiate or persuade the Crown to proceed by way of summary conviction as opposed to indictment due to the minimum sentence provisions of the Criminal Code.
At Daley, Byers we have extensive experience defending these charges and have achieved exceptional results.
At Daley, Byers Criminal Lawyers, we offer emergency service on a 24/7 basis. Our toll free number will connect you with one of our lawyers experienced in this area of law.
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