There are some solid defenses often for something like possession of child pornography. So one defense that comes to mind is private use, so if I’m below the age of 18 for example and I make a video where I’m nude or doing something that is sexually explicit, as long as I’m the one possessing the video and I’m the one who is in the video, and it’s clear that it is for personal use only, meaning that I’m not distributing it or I’m not making it available for others to see, then that is a defense to being in possession of child pornography. Another common one is the accidental download. How many windows are popping up on your screen, and you’re surfing the web and you click something, how many times have you accidentally downloaded something you didn’t intend to download? Happens all the time. Just because it was something pornographic and something featuring someone under the age of 18 doesn’t necessarily mean that it’s impossible that you could just click on it by accident right? Another one is just within the definition of child pornography, so I have clients that ask well you know what about a photo of my son and the bath or something like that, it’s clear that it has to be for a sexual purpose. So just because someone under the age of 18 is nude doesn’t necessarily mean it’s sexually explicit. So there are a wide range of defenses to child pornography charges.
Pornography Offences: Child Pornography Defences
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