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- Criminal Code of Canada 1994, Supplement:
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- Section 163.1
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- New 1993,c. 46,s. 2:
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- 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,
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- (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.
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- (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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