View source for Child Pornography (Offence)

{{LevelZero}}{{HeaderChildPorn}}

{{OffenceBox |OffenceTitle=Child Pornography|OffencePage=Child Pornography|Section=163.1|Act={{OBCCC}} |CrownElection= {{OBHybridIndictableElection}} |Jurisdiction={{OBJurisdictionAll}} |Bail={{OBBailVar}} |SummaryDisp= {{OBDispMin}}|SummaryMin= {{OBTime|6 months}} |SummaryMax= {{OBTime|2 years less a day}} |IndictableDisp= {{OBDispSame}} |IndictableMin={{OBTime|1 year}} |IndictableMax= {{OBTime|10 years}} (poss'n/access)<br>{{OBTime|14 years}} (make/distr.) }}
<!--NB: any changes in this should be made to the sub-pages relating to possession/access and making/distrib.-->
==Overview==
{{OverviewV|child pornography}}
There are four forms of child pornography offences. They relate to the possession, access, distribution/making available, and making of child pornography.

; Pleadings
{{PleadingsHeader}}
{{PleadingsIndictableList|s. 163.1(2) [making child pornography] and <br>s. 163.1(3) [distributing child pornography] | Yes | {{Yes-14Above}} }} 
{{PleadingsHybridList|s. 163.1(4) [possessing child pornography] and <br>s. 163.1(4.1) [accessing child pornography] | Yes| {{YesIfCrown-Under14}} }} 
{{PleadingsEnd}}
 
{{PleadingsHybridElection|s. 163.1(4), and (4.1)}}
{{PleadingsIndictElection|s. 163.1(2) and (3)}}

; Release
{{ReleaseHeader}}
|s. 163.1(4) and (4.1) [poss'n and access] || {{ReleaseProfileAll}} 
|-
|s. 163.1(2) and (3) [making and distrib.]<br>From July 17, 2015 || {{ReleaseProfileOnlyBail}} 
|-
|s. 163.1(2) and (3) [making and distrib.]<br>Until July 17, 2015 ||  {{ReleaseProfileAll}} 
|-
{{ReleaseEnd}}

{{ReleaseAllOptions|s. 163.1(4) [poss'n] and (4.1) [access]}}

{{ReleaseOnlyBail|s. 163.1(2) [making] and (3) [distrib.]}}<ref>
Only for charges after July 17, 2015</ref>

:''Fingeprints and Photos''
{{IDCriminalAct|s. 163.1}}

; Publication Bans
{{GeneralPubBan}}

{{486.4PublicationBan|s. 163.1}}

{{486.4PublicationBanCP}}

; Offence Designations
{{DesignationHeader}}
|-
|s. 163.1(2), (3), (4), (4.1) || {{OKMark}} <!--wire--> || {{OKMark}} <!--DO-->||{{OKMark}} (varies) <!--SPIO--> || {{XMark}} <!--consent-->
{{DesignationEnd}}

{{WiretapDesignation|s. 163.1}}

{{DODesignation|s. 163.1}}

{{SPIODesignation|A|s. 163.1 (2) [possibly (3), (4), or (4.1)]}}

{{SeeBelowForAncillary}}

{{Reflist|2}}

==Offence Wording==
{{quotation|
163.1<br>...<br>
; Making child pornography
(2) Every person who makes, prints, publishes or possesses for the purpose of publication any child pornography is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year.
<br>
; Distribution, etc. of child pornography
(3) Every person who transmits, makes available, distributes, sells, advertises, imports, exports or possesses for the purpose of transmission, making available, distribution, sale, advertising or exportation any child pornography is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year.
<br>
; Possession of child pornography
(4) Every person who possesses any child pornography is guilty of
:(a) an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or
:(b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.
; Accessing child pornography
(4.1) Every person who accesses any child pornography is guilty of
:(a) an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or
:(b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.

; Interpretation
(4.2) For the purposes of subsection (4.1), a person accesses child pornography who knowingly causes child pornography to be viewed by, or transmitted to, himself or herself.

...<br>
1993, c. 46, s. 2; 2002, c. 13, s. 5; 2005, c. 32, s. 7; 2012, c. 1, s. 17; 2015, c. 23, s. 7.
|[{{CCCSec|163.1}} CCC]}}

==Interpretation of the Offence==
The provisions of s.163.1 were found constitutional.
<ref>
Ontario (Attorney General) v Langer, [http://canlii.ca/t/1wctj 1995 CanLII 7422] (ON SC)
</ref>

{{Reflist|2}}
===Child Pornography Defined===
* [[Definition of Child Pornography]]

===Distribution and Making Available===
* [[Distribution, Making Available, and Making Child Pornography]]

===Possession===
* [[Possession and Access of Child Pornography]]

===Procedure===

For Viewing and Displaying Child Pornography in Court see [[Real Evidence#Child Pornographic Images and Videos]]

For Disclosing Child Pornography to Defence see [[Limitations_on_Access_to_Disclosure#Limiting_Child_Pornography]]

{{Reflist|2}}

==Defences==
* [[Child Pornography Defences]]

==Case Digests==
* [[Child Pornography (Offence Cases)]]

==Participation of Third Parties==
{{seealso|Role of the Victim and Third Parties|Testimonial Aids for Young, Disabled or Vulnerable Witnesses}}

; Testimonial Aids
{{3rdPTestimonyAids}}

; On Finding of Guilt
{{606NoticeSPIO|s. 163.1(2) [possibly (3), (4), or (4.1)]}}

{{RestitutionNotice}}

{{VISNotice}}

==Sentencing Principles and Ranges==
* [[Child Pornography Sentencing]] 

==History==
{{seealso|List of Criminal Code Amendments}}
* [[History of Child Pornography Offences]]

==See Also==
'''External links'''
* [http://www.biomedcentral.com/1471-244X/9/43 The consumption of Internet child pornography and violent and sex offending]
* [http://www.researchgate.net/publication/7770076_The_criminal_histories_and_later_offending_of_child_pornography_offenders/file/79e4150a3ab72dd50a.pdf The criminal histories and later offending of child pornography offenders]
; References
* [[Terms and Conditions of Probation#Examples of Conditions Based on Offences|Terms of Probation Based on Offence]]
* [http://en.wikipedia.org/wiki/New_York_v._Ferber ''New York v Ferber'', 458 U.S. 747 (1982)]
* [[Model Examinations (Criminal Law)]]
; References
* [[Pre-Trial and Trial Motions Checklist]]

{{OffencesNavBar/Sexual}}


[[Category:Offences with Maximum Penalty of 2 Years Less a Day]]
[[Category:Offences with Maximum Penalty of 10 Years]]
[[Category:Offences with Maximum Penalty of 14 Years]]
[[Category:Offences with Mandatory Minimums]]