The Child Pornography Law

Section 163.1 of the Canadian Criminal Code [proclaimed August 1st, 1993]

Definition of child pornography
Section 163.1. (1) in this section child pornography means

a. a photographic, film, video or other visual representation, whether or not it was made by electronic or mechanical means,

i. that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in sexual activity; or

ii. the dominant character of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years; or

b. any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen that would be an offence under this Act. [sexual offences]

A penalty of up to five years in prison is prescribed for the simple possession of child pornography. Other subsections of 163.1 cover the offences of making, importing and distributing child pornography which penalties of up to ten years. The section provides defences of artistic merit and educational, scientific and medical purposes.




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