Child Pornography Lawyer

Child Pornography Offences

Under the law, it is a criminal offence to access, possess, distribute, or make any material that advocates or inappropriately counsels sexual activity with an individual under eighteen years. A conviction of child pornography may carry mandatory minimum sentences. Here are the common child pornography offences:

Making Child Pornography

Under section 163.1(2) of Canada’s Criminal Code, any person who makes, possesses, publishes, or prints child pornography can be found guilty of an indictable offence punishable with a minimum of one-year imprisonment. The maximum penalty for child pornography charges is 14 years imprisonment.

On the other hand, a summary conviction means you will serve up to two years in prison. Note that the severity of your crimes will determine the duration of your prison sentence. To get a conviction, the Crown prosecution must prove beyond a reasonable doubt that:

• The alleged offender created the child pornography material
• That material’s content is classified as child pornography
• The creation of child pornography material was intentional
• The offender was purposely blind or fully aware of the content

If you are accused or charged with making child pornography, contact us. Our experienced lawyers will fight your charges and protect your right to a fair trial. Schedule a free consultation session to discuss your case with an experienced child pornography lawyer.

Distribution of Child Pornography

Any form of distribution of child pornography is a serious crime in Canada. Distribution laws prohibit any act of abetting or helping any individual to obtain or view child pornography. A seemingly simple act of sharing an image or a link with another person can lead to child pornography distribution charges. Similarly, if you actively engage in the sale or export of such material, you may be found guilty of distributing child pornography.

Section 163.1(3) states that every individual who makes available, transmits, sells, distributes, imports, advertises, or possesses child pornography for the purpose of making it available is guilty of distributing child pornography. To secure a conviction, the Crown prosecution must prove that:

• The material in question was indeed child pornography
• The alleged offender made it available for distribution
• The child pornography distribution (the act of making it available) was intentional

Accessing Child Pornography

Knowingly viewing or causing child pornography to be viewed is illegal. It is not imperative that you are in possession of such content to be found guilty of accessing child pornography. If you deliberately open a link or file with the purpose of viewing, you can be convicted of accessing child pornography. To get that conviction, the Crown prosecution must prove that:

• You (the alleged offender) accessed the material in question
• The specific content you accessed was child pornography
• You intended to access child pornography

Upon conviction of such an offence, the sentence for accessing child pornography often depends on the discretion of the Crown prosecution and the judge. Note that access to content classified as child pornography is a crime that can be tried by indictment or as a summary offence. Depending on the extenuating circumstances of the crime, other factors can be considered during sentencing.

If found guilty of the indictable offence of accessing or viewing pornography content involving children, you could face imprisonment for a term of up to ten years and a minimum punishment of one-year imprisonment. A summary conviction will lead to a maximum of two years imprisonment and a minimum punishment of 6 months in prison.

Possession of Child Pornography

Knowingly possessing child pornography and controlling it is illegal under S. 163.1(4) of Canada’s Criminal Code. Being in possession of such content requires not only physically having the content in question but also being aware of its nature.

To secure a conviction, the Crown prosecution must prove that you (the accused) had prior knowledge and control over the content. The Crown is not legally required to establish that you viewed or examined it – all they need to do is prove that you were in possession of child pornography (had the content or knew of its content).

Note that having or knowing about explicit content of a material with drawings, animations, or even cartoons involving an individual under 18 years old can be considered possession of child pornography. According to the law, these materials are not different from ‘real’ videos and photos. No matter the medium used, the intent and content remain the same.

There are other offences linked to child pornography that revolve around interactions with real children. Under Section 171.1, it is a crime to make sexually explicit material available to individuals under 18 years. That means being in possession of child pornography is a crime that is different from exposing sexually explicit content to children.

Call Our Child Pornography Lawyer

At Costa Law, we have extensive experience defending charges related to child pornography. We have litigated and defended these charges for many years. Our lawyers work together, drawing from a unique set of skills and knowledge, to offer reliable legal services for all our clients. Indeed, our team of competent lawyers is dedicated to achieving the best possible outcomes in these challenging cases.

Luring a Child

According to Section 172.1 of the Canadian Criminal Code, child luring occurs if an adult, using telecommunication, communicates with a child to facilitate offences classified as child pornography. Child luring can also happen if the accused person telecommunicates with an individual under 16 years old to facilitate offences such as an invitation to sexual touching, sexual interference, or sexual assault.

Child luring offences like Internet luring carry harsh penalties. If the prosecutor chooses to proceed by indictment, the offender could face up to 14 years imprisonment. If the Crown decides to proceed summarily, a conviction carries up to two years imprisonment less a day.

Beyond these legal consequences, the stigma associated with accusations of child pornography and internet luring can permanently alter how others perceive you. This makes it essential to have an experienced and knowledgeable child pornography lawyer by your side.

At Costa Law, we can help you. Our lawyers have a wealth of experience defending against these serious allegations and charges. With over 25 years of experience in criminal defence, we are dedicated to ensuring that everyone receives a fair trial. We will diligently work to implement the strongest possible defence to clear your name, particularly if you were accused falsely. Our team is devoted to fighting for your rights and protecting your reputation.

The Role of a Child Pornography Lawyer

Whether you are charged with distributing child pornography, possessing child pornography, or any other criminal offence, our child pornography defence lawyer can help. Here is how.

Handle Child Pornography Investigations

Defending against child pornography charges requires specialized knowledge and a strategic approach. At Costa Law, our lawyers have the skills, knowledge, and experience to offer actionable legal advice to individuals facing child pornography allegations or charges.

We understand the severe stigma attached to allegations or charges involving child pornography offences. This stigma can have significant consequences for your personal and professional life. That is why our lawyers are committed to providing support and legal advice from the beginning of your case to the end.

Our defence strategy begins with a thorough investigation of the allegations or child pornography charges levelled against you. In Canada, police’s child pornography investigations often involve tracing IP addresses to identify the electronic devices used in committing the offence. The law enforcement officers can then seek a production order to access the subscriber’s personal information from the Internet Service Provider (ISP).

Next, they may obtain a search warrant to access the property of the alleged offender. This search warrant typically allows for the seizure of electronic devices, like tablets, computers, phones, and other devices related to child pornography charges, and the investigation continues from there.

Our experienced lawyers will scrutinize every aspect of the investigation process. We will identify any systematic or administrative errors that may have occurred in obtaining the search warrant, production order, and other investigative activities. This includes examining whether there were any violations of your Charter Rights. If any rights violations or procedural errors are found, we will use this information to challenge the validity of the evidence against you.

In addition to investigating procedural errors, our lawyers will carefully analyze the evidence acquired by the prosecution. This includes reviewing digital or forensic evidence, questioning the reliability of the evidence, and assessing whether the Crown prosecution can meet the burden of proof required for a child pornography conviction. Our goal is to find weaknesses in the prosecution’s case and build a strong defence strategy that raises reasonable doubt.

Protect your Rights

Being charged with any child pornography offence can be distressing. Even mere allegations of viewing child pornography can potentially ruin your professional and personal life. That is why Costa Law takes any child pornography charge levelled against our client seriously. To help you clear your name, our criminal defence lawyer will analyze your case, identify all possible flaws in the prosecutor’s case, and explore an effective defence option.

Such investigations can be challenging, particularly due to technological advancements. For instance, IP addresses, browser history in question, computer hard drives confiscated, and internet subscription information are some of the essential factors to consider.

One powerful tool in defending against child pornography allegations is the Canadian Charter of Rights and Freedoms. If your computers, personal electronic devices, or other property were illegally searched or seized, this could form the basis of a defence. At Costa Law, we will vigorously fight to have any evidence excluded if your constitutional rights have been violated.

Police officers should respect your rights under Section 8 of the Charter when conducting searches or confiscating belongings. If they violated these rights, the results of their search may be deemed inadmissible at your trial.

Another potential defence is the lack of possession of the alleged material considered child pornography. This could apply if you were unaware of the nature of the content or if you lacked control over the content in question. Our skilled lawyers will thoroughly investigate the circumstances surrounding your child pornography case to determine if this defence can be applied.

If you are facing various charges related to child pornography or other sexual offences like sexual interference and sexual assault, it is crucial to act quickly. Contact Costa Law for a free, no-obligation consultation to discuss your case with a competent child pornography defence lawyer in Toronto. We have successfully handled many child pornography cases, and we can help.

Consequences of Conviction

Considering the sensitive nature of any crime considered child pornography, these criminal offences usually carry mandatory minimum jail terms. If you are charged with child pornography possession or access, the Crown prosecution can choose to proceed by indictment or summary conviction.

Beyond the mandatory minimum jail term discussed earlier, there are other negative consequences of being found guilty of sexual offences. For instance, there may be certain orders that may accompany a conviction for child porn offences. These orders include:

The Sex Offender Registry Order

Suppose you are convicted of any sexual offence, such as sexual exploitation or inappropriately touching a child’s sex organ for sexual purposes. In that case, you may be required to comply with the Sexual Offender Information Registration Act (SOIRA) guidelines. This will result in your name and other forms of personal information being placed in the Ontario Sex Offender Registry.

Being a registered sex-related crime offender can negatively affect your ability to get employment and the overall quality of your life. Therefore, it is important to consult our skilled lawyers. Having a competent lawyer by your side could mean the difference between jail time and a clean criminal record.

Section 161 Prohibition Order

Once you are convicted of child porn or any other sex-related offence, the court may issue an order pursuant to Section 161 of Canada’s Criminal Code. The order may prohibit you from engaging in various activities that can bring you in contact with individuals under 16 years (children).

A prohibition order can be discretionary and may be for a limited period or life – it is up to the court to decide. In addition, the court may make the prohibition order subject to specific conditions or exemptions that it considers appropriate.

For instance, a prohibition order may prevent you from attending a public swimming area or public park where children are present or may be expected to be present. Such prohibitions may also cover school grounds, community centers, day care centers, and more.

A prohibition order can prevent you from obtaining, seeking, or continuing employment or being in a position of authority or trust toward individuals under 16 years. Sometimes, a prohibition order can prevent you (the offender) from having contact or communication by any means with an individual younger than 16 years. In some cases, a registered sex offender may be allowed to interact with children but under the supervision of another appropriate person, as per the court.

Lastly, Section 161 prohibition order can bar you (a convicted offender) from using digital networks and the internet unless you do so in accordance with the guidelines set by the Supreme Court.

Other Consequences of Being Convicted for Child Pornography

Suppose a court convicts you of internet luring and child pornography. In that case, the court may order the forfeiture of your property or property belonging to any other party to the criminal offence. Even when the property is in the possession of a third party, the court can still order its forfeiture, particularly if it was initially transferred to avoid forfeiture.

Get Legal Counsel and Representation You Can Trust

At Costa Law, we understand that in creating a strong defence in child pornography cases, the knowledge of computer-related offences and pre-trial investigations are key. That is why we will act fast to investigate the facts surrounding your case and provide reliable and actionable legal advice.

Fight the Charges Against You

We will take the time to analyze the Crown prosecution’s case and find any weaknesses. For instance, you may have taken reasonable steps to ascertain the age of the individual being considered a child to ensure that he or she was not within the legally restricted age. In that case, we present a strong argument to establish you are not guilty of an offence like engaging in explicit sexual activity with a minor.

There are times when the subject written material or other forms of the content may have been for a legal purpose. For instance, seemingly suspicious materials depicting explicit sexual content may have been for a legitimate purpose related to various forms of administration of medicine, education, or even science that does not pose a risk of harm to individuals under 18 years.

Additionally, we will assess the specific illegal materials in question to determine whether they depict child pornography. Indeed, we will leave no stone unturned to determine if the alleged victim qualifies the legal definition of a child. You can rely on the competent lawyers at Costa Law to implement a successful defence.

Scrutinize the Evidence Presented

DNA evidence and computer forensics are some of the types that the Crown may try to introduce against an individual accused of child pornography. Our knowledgeable lawyers will assess the evidence present and challenge its admissibility based on prejudice and relevance.

In addition, we will perform a detailed assessment of the evidence to determine if there is a scientific foundation to make the evidence admissible and reliable. Remember, any piece of evidence classified as forensic may be inadmissible if it is considered ‘junk science.’

Over the years, some types of evidence considered forensic have been rejected by courts in Ontario. For instance, some evidence types like microscopic hair comparison, handwriting, and ‘pattern comparison’ may be unreliable.

Even when the DNA evidence, computer forensics, and other forms of scientific evidence are ruled admissible, we will still assess it and find any possible weaknesses. For instance, depending on your personal circumstances and the facts of your case, we can argue that the test results (related to the evidence presented) may have been subject of motivated perception.

That means the individual who performed the analysis may have interpreted the test results to support the expectations of the Crown prosecutor or law enforcement. Remember, the forensic examiner must test the provided evidence without prior knowledge of your child porn case to avoid any form of subconscious bias.

At Costa Law, we may take drastic options like having the evidence re-tested by a credible and independent laboratory for further verification. This may be necessary in an appropriate case where our lawyers firmly believe doing so could prove your innocence or get the criminal charges reduced.

Schedule a Free Consultation

If you are being investigated for child pornography or facing similar charges, contact Costa Law immediately. We offer free initial consultation. This is your chance to discuss the allegations or charges levelled against you with a competent and skilled lawyer.