May 12
What is Child Pornography?
Child pornography, also known as child sexual abuse material (CSAM), refers to any visual depiction or representation that involves the use, exploitation, or sexual abuse of children.
According to the Criminal Code, child pornography includes any visual representation, whether it be a photograph, film, video, or any other visual medium, that shows a person who is under the age of 18 years engaging in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of 18 years. Furthermore, the definition of child pornography also covers any written material or audio recording that advocates or counsels sexual activity with a person under the age of 18 years. This provision includes text-based communications such as online chats, emails, and text messages.
It is important to note that the age of consent for sexual activity in Canada is 16 years, but the production, distribution, possession, and accessing of explicit material involving persons under 18 years is still considered child pornography.
How Can I Beat my Child Pornography Charge?
If you are facing a child pornography charge, it is essential to seek legal advice from a qualified attorney immediately. They will be able to provide you with personalized guidance and develop a defence strategy based on the specific details of your case. The following are some potential defence strategies that could be explored, although their applicability depends on the circumstances:
- Unlawful Search and Seizure: If evidence was obtained through an illegal search or seizure by law enforcement, your lawyer may challenge the admissibility of that evidence in court.
- Lack of Knowledge: Your defence may argue that you were unaware that the material in question involved minors or that you had no knowledge of its presence on your devices or property.
- Mistaken Identity: If there is a possibility of mistaken identity, where it can be shown that you were not the person responsible for the alleged possession, production, or distribution of child pornography, this can be a potential defense.
- Entrapment: If you can demonstrate that law enforcement induced or coerced you into committing the offense, entrapment may be raised as a defense. However, entrapment defences can be complex and depend on specific factual circumstances.
- Forensic Examination Challenges: You may question the accuracy or reliability of the forensic analysis conducted on the digital evidence, such as challenging the methods used or the interpretation of the findings.
It is crucial to consult with an experienced lawyer who specializes in criminal defence, particularly in cases involving child pornography. They will thoroughly review the evidence, assess the strengths and weaknesses of your case, and provide you with appropriate legal advice based on their expertise and knowledge of the law.
Please contact us at 416-613-0416 or at info@Lzzdefence.ca to schedule a consultation.
