The 1993 Canadian Law on Child Pornography
Criminal Code of Canada 1994, Supplement:
Section 163.1
New 1993,c. 46,s. 2:
DEFINITION OF "CHILD PORNOGRAPHY" / Making child pornography / Distribution or
sale of child pornography / Possession of child pornography / Defence / Defences
/ Other provisions to apply.
163.1 (1) In this section. "child pornography" means
(a) a photographic, film, video or other visual representation, whether or
not it was made by electronic or mechanical means,
(i) that shows a person who is or is depicted as being under the age
of eighteen years and is engaged in or is depicted as engaged in
explicit sexual activity, or
(ii) the dominant characteristic of which is the depiction, for a sexual
purpose, of a sexual organ or the anal region of a person under the
age of eighteen years; or
(b) any written material or visual representation that advocates or
councels sexual activity with a person under the age of eighteen years
that would be an offence under this Act.
(2) Every person who makes, prints, publishes or possesses for the purpose of
publication any child pornography is guilty of
(a) an indictable offence and liable to imprisonment for a term not
exceeding ten years; or
(b) an offence punishable on summary conviction.
(3) Every person who imports, distributes, sells or possesses for the purpose
of distribution or sale any child pornography is guilty of
(a) an indictable offence and liable to imprisonment for a term not
exceeding ten years; or
(b) an offence punishable on summary conviction.
(4) Every person who possesses any child pornography is guilty of
(a) an indictable offence and liable to imprisonment for a term not
exceeding five years; or
(b) an offence punishable on summary conviction.
(5) It is not a defence to a charge under subsection (2) in respect of a visual
representation that the accused believed that a person shown in the
representation that is alleged to constitute child pornography was or was
depicted as being eighteen years of age or more unless the accused took all
reasonable steps to ascertain the age of that person and took all reasonable
steps to ensure that, where the person was eighteen years of age or more, the
representation did not depict that person as being under the age of eighteen
years.
(6) Where the accused is charged with an offence under subsection (2), (3) or
(4), the court shall find the accused not guilty if the representation or
written material that is alleged to constitute child pornography has artistic
merit or an educational, sceintific or medical purpose.
(7) Subsections 163(3) to (5) apply, with such modifications as the
circumstances require, with respect to an offence under subsection (2), (3) or
(4).
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