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HAMILTON CHILD PORNOGRAPHY LAWYER

Ontario Provincial Police say statistics from a single month’s worth of child exploitation investigations led to 551 child exploitation charges in November 2018. The officers involved stated that they identified 834 unique IP addresses accessing child pornography during November alone. Since inception of the child pornography investigations in 2006, police said the provincial strategy has resulted in nearly 21,000 charges against 5,686 people. The growth of the internet has led to an increase in the volume and extent of child pornography. The number of police-reported child pornography incidents increased from 6,360 incidents in 2016 to 6,521 incidents in 2017 in Canada. Hamilton, Ontario is no exception to this trend in increasing incidents of reported child pornography incidents. The City of Hamilton saw a 100% increase in incidences of child pornography from 2005 to 2012.

The Hamilton courthouse is located at 45 Main Street East in Hamilton, Ontario. The Hamilton courthouse is formally called the John Sopinka Courthouse. The Ontario Court of Justice for youths and adults, and the Superior Court of Justice in Hamilton can be reached at 905-645-5252. The Crown Attorney for Hamilton can be called at 905-645-5262. If you are looking for information about your upcoming court appearance in Hamilton, click here.

The Firm has defended a number of High Profile Child Pornography allegations where Microsoft, Google and Twitter have sent cyber tips to the National Child Exploitation Coordination Centre (NCECC)  located in the United States, which have ultimately been used as a basis for Production Orders from Rogers Communication and Bell by Toronto, Halton and Peel Police. In the Firm’s R. v. J.A. [2017], Ontario Police ICE Unit received a Cyber Tip from the National Child Exploitation Coordination Centre (NCECC) and the FBI, who received a complaint from the National Centre for Missing and Exploited Children (NCMEC), located in the United States. Ultimately the Firm secured a withdrawal of both Possession and Distribution of Child Pornography in Guelph. The Firm also defends a number of offenders caught on the Darknet, including where offenders attempt to use anonymous file sharing software, private networks or Tor Browser to avoid detection, such as its R. v. J.T. [2019].

For more information on child pornography offences, click here. Our firm also conducts in-house child pornography forensics in Toronto to assist with your relevant defences. For information on our forensics practice, click here.

Global News: Can an airline tell you to stop recording and delete a cellphone video?

Métro Montréal: Avec le temps chaud, il n’y a pas que le mercure qui grimpe: le nombre de cas de voyeurisme aussi.

CityNews: As the temperatures outside get warmer, police say the reported number of cases of voyeurism tend to rise.

VICE News: An Image Site is Victimizing Women and Little Can be Done.

Frequently Asked Questions

What are the Elements of a Child Pornography Offence?
Can Child Pornography be Written content?
What does “Explicit Sexual Activity” Mean?
What does “Person Under the Age of 18” Mean?
What is Making Sexually Explicit Material Available to a Child?
What Probation Terms might an Individual Charged with Child Pornography Face?

Additional Resources

Consequences of a Criminal Record
Child Pornography Forensics
Immigration Consequences
Keeping Charges Private
Travel & US Waivers

What are the Elements of a Child Pornography Offence?

The Criminal Code’s definition of child pornography is located in section 163.1(1)(a)(ii) and has four elements. The four elements are:

1) A person aged zero to seventeen years old

2) The depiction of a sexual organ or anal region

3) A Dominant Characteristic

4) A sexual purpose

Can Child Pornography be Written Material?

Yes, in Hamilton written material may constitute child pornography. The Criminal Code explains that written material can be considered child pornography if it advocates or counsels sexual activity with a minor for a sexual purpose. This means that individuals in Hamilton cannot possess, access, share, or create materials that elude to the above material.

What Does “Explicit Sexual Activity” Mean?

The term “explicit sexual activity” appears in the Criminal Code’s definition of child pornography. Explicit sexual activity is acts that, when viewed objectively, are at the extreme end of the sexual activity spectrum. This means acts such as nudity or sexual activity that is represented in an unambiguous or graphic way. As well, they are acts that show individuals who are, or are depicted as, under eighteen years of age. The term explicit sexual activity to does not include simple nudity, not does it include contact such as touching, hugging, or kissing.

What Does “Persons Under the Age of 18” Mean?

The term “persons under the age of 18” recurs frequently in the Criminal Code. However, there have been frequent issues with its interpretation. The word “person” has been interpreted to include imaginary human beings, and thus fictional humans in written materials who are depicted as being under 18 years of age can be considered children. Judges are not to guess or speculate about the age of an individual in child pornography if it is not inherently clear. However, a judge may assess an individual’s “apparent age”, and this assessment will turn on the facts of each individual child pornography case.

What is Making Sexually Explicit Material Available to a Child?

The Criminal Code explains that making sexually explicit material available to a child (individual between the ages of zero to seventeen) is a criminal offence under section 171.1. An individual has made sexually explicit material available to a child when they transmit, make available, or distribute sexually explicit material to:

1) any individual who is, or who the accused believes to be, between the ages of 0 to 17 years for the purpose of enabling the commission of the offence of incest, part or guardian procuring sexual activity, sexual exploitation, child pornography, incest, prostitution-related offences, or invitation to sexual touching with the individual aged 0 to 17,

2) any individual who is, or who the accused believes to be, between the ages of 0 to 15 years for the purpose of enabling the commission of the offence of invitation to sexual touching, sexual interference, bestiality in the presence of a child, sexual assault, indecent acts or exposure, sexual assault with a weapon, abduction of a person under 16, or sexual assault with a weapon or causing bodily harm with respect to the individual aged 0 to 15, or

3) any individual who is, or the accused believes to be, between the ages of 0 to 13, for the purpose of enabling the commission of an abduction of a person younger than 14 years old, with respect to the individual aged 0 to 13.

What Probation Terms Might an Individual Charged with Child Pornography Face?

Probation occurs when an offender is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer. During this period of probation, the offender faces the threat of being incarcerated if they break the terms that are set by the court. Probation terms are frequently given to individuals charged with child pornography offences include:

– Undergoing treatment and/or counselling

– Abstaining from alcohol or drugs (common in cases where the child pornography incident had a connection to alcohol or drugs)

– Restricted or complete removal of access to computers or other digital devices that are able to connect to the internet (except for the purpose of education or employment)

– Prohibition contact with individuals aged zero to seventeen

– Prohibition from accessing or possessing child and adult pornography

– Prohibition from accessing or possessing any images of individuals who are or are depicted to be aged zero to seventeen and who are naked or are portrayed in a sexual manner

– Providing computer service billing information to authorities, such as the police in Hamilton

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