Frequently Asked Questions
What is Child Pornography?
Can Child Pornography be Written material?
Can Sexual Explicit Drawing or Cartoons be considered Child Pornography?
Is the Nature or Quality of the Content relevant?
Does it Matter who Created the Child Pornography?
What Mitigating Factors may be Considered in Child Pornography Cases?
Assaulting a Peace Officer
Child Pornography Forensics
Children’s Aid Society
Sexual Assault Law in Canada
Consequences of a Criminal Record
Keeping Charges Private
Travel & US Waivers
Vulnerable Sector Screening
Elements of a Crime
What is Child Pornography?
Child pornography in Orangeville is covered by section 163.1(1) of the Criminal Code. The Criminal Code explains that child pornography is any video, film, photo, or other visual representation that:
- a) depicts a person who is, or is portrayed as, being between the ages of 0 to 17 and is engaging in or is portrayed as engaging in explicit sexual activity, or
- b) has a dominant characteristic that portrays, for a sexual purpose, the anal region (which includes the buttocks) or a sexual organ (which includes a female’s breasts) of a person between the ages of 0 to 17.
The Criminal Code also explains that any written material, audio recording, or visual representation that counsels or advocates sexual activity with a with a person between the ages of 0 to 17. As well, any written material that has a dominant characteristic, for a sexual purpose, of sexual activity with a person aged 0 to 17 is considered a criminal offence. Finally, any audio recording that has a dominant characteristic of presentation, representation, or description, for a sexual purpose, of sexual activity with a person aged 0 to 17 is also an offence under the Criminal Code.
When are Written Materials Considered Child Pornography?
Written materials will be considered child pornography in Orangeville when they contain encouragement or active inducement of sexual activity with an individual under eighteen years of age. This may be either implicit or explicit in the written material.
Can Sexually Explicit Drawings or Anime be Considered Child Pornography?
Yes, both sexually explicit drawings and anime can be considered child pornography. In describing child pornography offences, the Criminal Code does not differentiate between anime or drawings, or real images of children. In addition to this, the purpose of the sexually explicit drawings or anime are the same as the purpose of the real images. Thus, it is likely that a sexually explicit drawing or anime of children which depicts sexual activity can receive the same charge and sentencing as an individual who possessed a photo of an actual individual under 18 years of age.
Is the Nature or Quantity of the Child Pornography Materials Relevant?
Yes, both the nature and the quantity of the child pornography material are relevant considerations that a judge will consider at the accused’s sentencing. The nature of the child pornography is relevant as content that displays harm or violence towards children, especially young children, will become an aggravating factor at sentencing. Content that is viewed as very violent or disturbing will also become an aggravating factor at sentencing, potentially leading to a harsher sentence for the accused.
The quantity of the child pornography materials found will also become relevant at the sentencing stage because a larger collection of child pornography materials will lead to an aggravating factor. The larger the collection, the more time that is presumed the accused spent accumulating the child pornography materials.
Does It Matter Who Created the Child Pornography Materials?
Yes, it is extremely significant to determine who created the child pornography materials at the sentencing stage. When the accused themselves originally created the materials, this will lead to a much long term of imprisonment versus an accused who solely access the material that was created. As well, the judge will consider whether the accused was in a position of trust when they created the child pornography. A position of trust includes being a teacher, church leader, or a coach. This will be an aggravating factor considered and will frequently lead to a lengthier sentence. If the offender’s victim was a family member, this will also be considered as an aggravating factor. Finally, the court will also look to whether the victim belonged to a vulnerable group, since this is another aggravating factor looked at during sentencing.
What Mitigating Factors may be Considered in a Child Pornography Charge?
If an accused in Orangeville has any mitigating factors, it is important to be aware of them and for the defence to raise them. Mitigating factors may be evidence or information that can be presented to the court. Presenting them may result in a reduced charge or a lesser sentence for the accused. Mitigating factors that may be considered in Orangeville include:
– The age of the offender, with a younger age likely possibly to a lesser sentence.
– Whether or not the offender shows insight into the problem surrounding their child pornography offence.
– If the accused enters into a guilty plea.
– Evidence that the accused has already suffered for the child pornography crime they committed.
– Any apparent good character of the offender.
– Whether or not the offender shows genuine remorse about the child pornography offence that they committed.
– If the offender has completed any counseling or treatment or is willing to undergo counseling or treatment.