What is Distribution of Child Pornography?

Cory Wilson is a criminal defence lawyer and theft defence lawyer serving all of Alberta, including Calgary, Okotoks, Airdrie, Strathmore, Cochrane, Canmore, Didsbury, Medicine Hat, Lethbridge, Grand Prairie and  Turner Valley.

If you’ve found yourself in a situation where you need legal advice regarding child pornography, it’s crucial to have a comprehensive understanding of the legal aspects involved. In this FAQ, we will explore child pornography distribution, covering what constitutes child pornography, the potential legal consequences, and the challenges you may face in this complex legal landscape.

Defining Child Pornography: Child pornography is a highly sensitive and illegal subject matter. It is crucial to comprehend what precisely qualifies as child pornography from a legal standpoint. Child pornography is defined as any visual or written representation, including photos, videos, and computer-generated images, depicting minors participating in explicit sexual activities. The age of the subject matter must be under 18. The content can range from sexually suggestive images to explicit sexual acts.

The critical factor to bear in mind is the involvement of minors in explicit sexual content, which is prohibited under the law.

Distribution of Child Pornography: Section 163.1(3) of the Criminal Code states that the crime of distribution of child pornography applies to anybody who transmits, makes available, distributes, sells, advertises, imports, or possesses child pornography for the purposes of doing any of those things.

This means that the person must have known the material was child pornography and they did distribute it or possessed it for the purpose of distributing it. The most common distribution is when the person is downloading child pornography on a torrent from the internet. At the same time they are downloading, a box is checked on the torrent that allows for that same download to be uploaded to others from the person who is downloading. Another common way in which a person is charged is sharing child pornography through text, Snapchat, WhatsApp or any other peer to peer communication.

Potential Legal Consequences: Understanding the potential legal consequences of involvement in child pornography is of utmost importance. These consequences can vary depending on your specific situation and the jurisdiction in which you reside. However, they often include the following:

Criminal Charges: Being associated with child pornography can lead to criminal charges. These charges may encompass possession, distribution, production, and even solicitation of child pornography.

Imprisonment: Conviction for child pornography-related offenses typically results in imprisonment. The duration of the sentence can vary significantly based on factors such as the severity of the crime, the number of images or videos involved, and any previous convictions. In some instances, sentences can extend to many years or even life imprisonment.

Fines: In addition to imprisonment, substantial fines may be imposed as a deterrent to individuals engaging in child pornography-related activities.

Sex Offender Registration: Convicted offenders are often required to register as sex offenders. This means that your personal information, including your address and criminal history, will be made available to the public, serving as a safeguard for the community.

Asset Forfeiture: In some cases, assets acquired through the distribution of child pornography can be seized by law enforcement, including computers, external hard drives and phones.

Challenges Faced When Seeking Legal Advice: Seeking legal advice for issues related to child pornography can be a daunting process. Some of the challenges you might face include:

Fear and Stigma: The mere act of seeking legal advice for child pornography-related issues can be intimidating due to the stigma attached to such cases.

Legal Complexity: Child pornography cases can be legally complex, often requiring specialized legal knowledge and expertise to determine if police conduct in obtaining and using search warrants and production orders.

Evidence Handling: Managing and securing evidence is crucial in child pornography cases, and an experienced lawyer can help you navigate this process effectively.

Privacy Concerns: Protecting your own privacy while addressing child pornography-related matters can be a significant concern, as privacy is a right that needs to be upheld.

Choosing the Right Lawyer: Selecting a qualified lawyer who specializes in this area of law is crucial. You need an advocate who can provide expert legal advice and guidance tailored to your specific situation. Not all lawyers represent those charged with child pornography matters and even fewer understand how search warrants and production orders can be attacked in court.

Remember that seeking legal advice and representation is essential in child pornography cases. It is in your best interest to consult with a lawyer who can help you navigate the complex legal landscape and ensure that your rights and interests are protected.

While it’s important to be informed, it is equally crucial to understand that the legal system is designed to ensure due process and protect the rights of all individuals involved. If you find yourself in a situation where you need legal guidance, consulting with an experienced lawyer is the first step toward addressing the legal challenges related to child pornography distribution. Cory Wilson will provide you with the guidance and support necessary to navigate this complex and sensitive legal terrain.

Cory Wilson is a criminal defence lawyer based in Calgary and serving all of Alberta. If you have been charged with a criminal offence or are a suspect in a criminal investigation, call today for a free, no obligation consultation.