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Child Porn Charges in Ottawa – What Now?

To say that no one wants to be facing criminal charges is a fair statement, correct? In fact, it is more than fair, if not indefinitely preferable. Well, that’s what we are here for. We stand by you and advance your case to the best of our ability. But first, we help you understand why you are facing the charges you are. To do so, we request and review the disclosure the Crown Prosecution’s office has against you. We review the materials in depth and obtain your input on the facts of the case. Armed with your version of events, we begin building your defence. We work together throughout your case to fight your charge(s).

The Law on Child Pornography

When it comes to charges such as child pornography, section 163.1(2) of the Criminal Code makes it a criminal offence to make, print, publish or possess for the purpose of publication any child pornography. Section 163.1(3) makes it a criminal offence to transmit, makes available, distribute, sell, advertise, import, export or possess for the purpose of transmission, making available, distribution, sale, advertising or exportation any child pornography. A person who is found to violate these sections of the Criminal Code is guilty of an indictable offence. An indictable offence is more serious than offences that are proceeded summarily (less serious offence). Consequently, a convicted person is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for one year.

Section 163.1(4) makes it a criminal offence to possess any child pornography. If found guilty of this offence and if the Crown elects it to be an indictable offence, the convicted person will be 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. If the Crown elects the offence to be punishable summarily, the convicted person will be 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.

Section 163.1 (4.1) refers to a person who accesses any child pornography. The convicted person may be found guilty of 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 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.

Relevant Age for Child Pornography

Under section 163.1(1)(a)(i), a person who is or is depicted as being under the age of 18 qualifies for the purpose of child pornography.

Next Steps

So what does this mean? If you are convicted of any one of the aforesaid offences, then you are going to face at the very least, one year of jail time, if not more. This will depend on the particular facts of your case. This is a very serious penalty leaving you with a detrimental criminal record and an undesirable stigma attached to your name, to name a few. This is not to mention that you will have to leave your job and family to pay your debt to society in jail. That is why you need to get ahead of your charges. Having a lawyer by your side will help you understand your charges, the evidence against you and any and all defences that may be available to you.

Plus, typically all electronics are seized and examined to find even deleted videos and photos. Normally it takes a few months for such an expert’s report to be prepared.

Time is of the essence as the details surrounding your charge are fresh in your mind. Contact our offices to access your free initial consultation and learn about your options and important next steps.

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