Pornography Offences: Intimate Image Penalties
So I’ll just talk briefly now about penalties and defenses to the charge of distribution of intimate images. Now there’s no mandatory minimum for distribution of intimate images, however that being said the Crown in my experience almost always seeks jail, and if the case is very good then it becomes about convincing a judge why my client should not go to jail and receive a noncustodial sentence. There are several cases where, in Ontario, where there have been discharges for that type of behaviour because it often, this is just a one-off for people, it’s such an easy offence. You have a couple nudes of an ex on your phone, the moment you jokingly send them to a friend or do something where you are sharing that image, you have committed an offense, and it’s taken very seriously by the courts. The general rule is it is eligible for a custodial sentence but I’ve been able to keep many of my clients out of jail and in some cases discharged meaning left without a record.
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