Frequently Asked Questions
What is Child Pornography?
What is Luring a Child?
What are they Types of Child Pornography Charges?
What Aggravating Factors are Relevant to Child Pornography Cases?
What Mitigating Factors are Relevant in Child Pornography Cases?
Assaulting a Peace Officer
Child Pornography Forensics
Children’s Aid Society
Sexual Assault Law in Canada
Sex Offender Prohibition Orders
Consequences of a Criminal Record
Keeping Charges Private
Travel & US Waivers
Vulnerable Sector Screening
Elements of a Crime
What is Child Pornography?
Broadly speaking, child pornography in Milton is defined by the Criminal Code as any video, film, photo, or other visual representation that displays an individual who either is, or is depicted as, being aged zero to seventeen and is engaged, or is depicted as engaging in, explicit sexual activity. As well, child pornography can be any video, film, photo, or other visual representation which has a dominant characteristic of depicting a sexual organ or the anal region of a person aged zero to seventeen for a sexual purpose.
The Criminal Code also highlights that audio recordings, visual representations, or written materials that advocate or counsel one to engage in sexual activity with a minor under eighteen years of age is an offence in Milton. Additionally, written material that has a dominant characteristic of describing sexual activity with a minor for a sexual purpose is also considered an offence by the Criminal Code.
What is Luring a Child?
Section 172.1 of the Criminal Code describes that luring a child is a criminal offence in Milton. An individual will be considered to be luring a child if they, by means of telecommunications, communicate with:
1) A person who is, or the individual believes to be, aged zero to seventeen for the purpose of enabling commission of incest, a prostitution-related offence, child pornography, sexual exploitation, procuring sexual activity, or invitation to sexual touching, with respect to the individual they are communicating with,
2) A person who is, or the individual believes to be, aged zero to fifteen, for the purpose of enabling commission of bestiality in the presence of or by a child, indecent acts, invitation to sexual touching, sexual interference, sexual assault, aggravated sexual assault, sexual assault with a weapon or causing bodily harm, or abduction of a person aged zero to fifteen, with respect to the individual they are communicating with, or
3) A person who is, or the individual believes to be, aged zero to thirteen, for the purpose of enabling the commission of abducting the person aged zero to thirteen.
What are the Types of Child Pornography Offences?
There are four types of child pornography offences in Milton:
1) Making child pornography: this occurs when an individual prints, makes, possess or publishes material for the purpose of creating child pornography.
2) Distribution of child pornography: this offence applies to an individual who makes available, transmits, sells, distributes, advertises, exports, imports, or possesses materials for the purpose of making available, transmission, sale, distribution, advertising, or exportation of any child pornography materials.
3) Possessing child pornography: this offence applies to an individual who has possession of child pornography materials in some way. This offence often occurs by downloading files onto one’s computer.
4) Accessing child pornography: this offence applies to an individual who intentionally views materials that are considered child pornography.
What Aggravating Factors are Considered in Child Pornography Sentencing?
An aggravating factor is facts or circumstances that may contribute to an accused facing a harsher sentence. Aggravating factors that are considered for child pornography sentencing in Milton include:
– Whether the child pornography materials were shown to a child
– Signs of distribution or production of child pornography
– When the victim is a part of the accused’s family
– When the victim is a part of a vulnerable group
– If the accused abused a position of trust (such as if they were a coach or teacher)
– The age of the children depicted in the child pornography, with younger children leading to a harsher sentence
– Related criminal conduct
– Evidence eluding to the fact that the accused may have paedophilic tendencies or a diagnosis of paedophilia
– Whether the child pornography materials were shared with a public area of the internet
– Whether the child pornography materials were posted in a way that would make it likely that an individual not looking for child pornographic materials would come across it
– How intrusive and repulsive the sexual acts depicted in the child pornography materials are
– The level of sophistication of the child pornography collection of the offender
– The manner that the accused obtained the child pornography materials
What Mitigating Factors are Considered in Child Pornography Sentencing?
Mitigating factors are facts or circumstances that the defence may use to support a more lenient sentence. Mitigating factors that are considered for child pornography sentencing in Milton include:
– How old the offender is, with an older age leading to less harsh of a sentence
– Whether the accused has demonstrated that they have true remorse for their crime
– If the accused entered into a guilty plea
– If the accused has already suffered for their crime, examples being the accused has already served some time in jail
– Whether the accused shows insight into the problem of child pornography
– Whether the accused can present that they have otherwise good character
– If the accused is willing to undergo treatment or counselling, or if they have already done this