| LawLaw |
01-28-2005 09:30 AM |
In Canada it can be CP
In Canada, the federal Criminal Code creates specific offences against making, distributing, possessing or accessing child pornography.
"Child Pornography" is defined by the Criminal Code to include visual representations that show a person who is or is depicted as being under 18 years of age in what appears to be explicit sexual activity, visual representations whose dominant characteristic is the depiction of a sexual organ or the anal region of a person under the age of 18 and any written material or visual representation that advocates or counsels sexual activity with a person under the age of 18 [Emphasis added]
The definition of "visual representation" applies equally to electronic media, such as web sites.
The important thing to note here is that the person need only be depicted as being under the age of 18.
A web site that encourages access to these materials could be implicated in the distribution of these materials and could be charged with ?aiding and abetting? others in the commission of these offences.
Also, there is currently a Bill being considered by Parliament that proposes amendments to the Criminal Code. Amongst other things, Bill C-20 would make the following changes:
(a) amend the child pornography provisions to broaden their application and limit the available defences to such a charge;
(b) add a second category of written material to s. 163.1(1) ?the dominant characteristic of which is the description, for a sexual purpose, of sexual activity with a person under the age of eighteen years that would be an offence under this Act?. As a result, written material would not longer have to advocate or counsel illegal sexual activity with a person under 18 to fall under the definition of child pornography
Please note that this posting is intended for educational and discussion purposes only and not as legal advice.
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