Surrey Pornography Offence Lawyer 

 

The internet has given rise to an explosion of explicit content. Possessing pornography in which adults are the subjects is not a crime. However, having a file of pornography which depicts a child under the age of 18 years of age sexually on one's computer is a serious crime. If you’re facing charges related to pornography offenses, Surrey Pornography Offense Lawyer, Paul E. Briggs Law is here to defend your case. Our criminal justice team is experienced in navigating these sensitive cases and will work tirelessly to protect your rights and freedom. We understand the complications and stigma attached to these charges, which is why we offer personalized consultations to ensure our clients feel safe and heard.

 

Definition Of Child Pornography Under the Criminal Code of Canada

 

Under s. 163.1 of the Criminal Code of Canada, child pornography is defined as follows:

 

Definition of child pornography

•         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;

  •         (b) any written material, visual representation or audio recording that advocates or counsels sexual activity with a person under the age of eighteen years that would be an offence under this Act;

  •         (c) any written material whose dominant characteristic 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; or

  •         (d) any audio recording that has as its dominant characteristic the description, presentation or representation, for a sexual purpose, of sexual activity with a person under the age of eighteen years that would be an offence under this Act.

 

There is an objective test that the Courts use to determine whether an image is or is not pornographic. However, according to the Criminal Code of Canada, if the dominant characteristic of the material has a sexual purpose, then it qualifies under this section.

 

Computer-based Child Pornography Offence

 

Possession of child pornography frequently fall under computer-based offences, requiring legal access by the authorities to obtain evidence for building a case. The Supreme Court of Canada has established that an individual can be deemed guilty of 'accessing of child pornography' if evidence indicates the presence of such content within the temporary cache of their computer's search browser. Consequently, the definition of possession for the purposes of pornography has been construed quite broadly. 

 

Contact Surrey Pornography Offence Lawyer

 

Assessing your case can involve a highly technical legal analysis of the warrant sought and obtained by the police to see if it complies with your rights protected by the Canadian Charter of Rights and Freedoms. Contact Surrey Pornography Offense Lawyer Paul E. Briggs Law for a Free Criminal Law Consultation about your case.  Paul E. Briggs has over 20 years experience as a criminal defense lawyer and can employ his extensive knowledge and experience for your defense.