Making Sexually Explicit Materials Available to Child (Offence): Difference between revisions

|OffenceTitle=Making Sexually Explicit Materials Available to Child  

|OffencePage=Making Sexually Explicit Materials Available to Child  

|CrownElection={{OBHybridElection}}

|Jurisdiction={{OBJurisdictionAll-14Above}}

==Offence Wording==

; Making sexually explicit material available to child

171.1 (1) Every person commits an offence who transmits, makes available, distributes or sells sexually explicit material to

:(b) is guilty of 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 90 days.

{{LegHistory10s|2012, c. 1}}, s. 21;  

{{LegHistory10s|2014, c. 25}}, s. 8;  

{{Annotation}}

|[{{CCCSec|171.1}} CCC]

}}

{{DraftHeader}}

|-

|  

{{DraftEnd}}

===Presumptions===

; Presumption

(3) Evidence that the person referred to in paragraph (1)(a) {{AnnSec1|171.1(1)(a)}}, (b) {{AnnSec1|171.1(1)(b)}} or (c) {{AnnSec1|171.1(1)(c)}} was represented to the accused as being under the age of 18, 16 or 14 years, as the case may be, is, in the absence of evidence to the contrary, proof that the accused believed that the person was under that age.

{{LegHistory10s|2012, c. 1}}, s. 21.

{{Annotation}}

|[{{CCCSec|171.1}} CCC]

}}

===Defences===

171.1 <br>...<br>

; No defence

(4) It is not a defence to a charge under paragraph (1)(a) {{AnnSec1|171.1(1)(a)}}, (b) {{AnnSec1|171.1(1)(b)}} or (c) {{AnnSec1|171.1(1)(c)}} that the accused believed that the person referred to in that paragraph was at least 18, 16 or 14 years of age, as the case may be, unless the accused took reasonable steps to ascertain the age of the person.

<br>

{{LegHistory10s|2012, c. 1}}, s. 21.

{{Annotation}}

|[{{CCCSec|171.1}} CCC]

}}

==="Intimate Images"===

171.1 <br>...<br>

; Definition of “sexually explicit material”

{{Annotation}}

|[{{CCCSec|171.1}} CCC]

}}

; On Finding of Guilt

{{VictimHeader}} <!-- Sections / Notice of Agree / Notice of Restitution / Notice of VIS -->

|-

{{VictimEnd}}