Criminal lawyers defend clients charged with child pornography crimes (possession, distribution, production of and access to child pornography.
Child pornography crimes are covered by Section 163.1 of the Criminal Code of Canada, and all involve a minimum prison sentence. The definition of what is child pornography is also found under Section 163.1 of the Criminal Code.
What are the possible defenses to charges of child pornography? The criminal defense lawyer has to assess, among other things, the following aspects: the age of the person appearing in the child pornography material; the reasonable belief of the defendant as to the age of this person; the existence of a legitimate purpose in terms of the administration of justice, that is for science, medicine, education or the arts; the issue of determining whether or not the material is in fact child pornography and the issue of knowing whether or not the actions create an undue risk for persons under eighteen years old. The lawyer also has to ensure whether or not seizure of the material was done while respecting the rights provided by the Canadian Charter of Rights and Freedoms.
These are technical issues that must be assessed by a lawyer. It is highly recommended that anyone charged with a child pornography offence consult a criminal lawyer.
