TORONTO CHILD PORNOGRAPHY LAWYER
TORONTO INTERNET CHILD LURING LAWYER
Toronto Child Abuse Lawyer
Toronto Child Exploitation Lawyer

Mississauga, Brampton and Newmarket Child Pornography and Internet Luring Law Firm

Charges involving child pornography and the internet luring of children have a potential to ruin lives. Most of these types of charges require the imposition of a minimum jail sentence. What this means is that the convicted person must be sentenced to at least a minimum prescribed period of time in jail and the jail sentence cannot be served in the community by way of house arrest. In addition, a conviction for such offences may have life-long consequences. You may be required to register as a sex offender, and you may be required to report all your movements regularly. Sex offender status can prevent you from getting a job and could block you from travelling outside Canadian borders. More information on the Sex Offender Information Registration Act (SOIRA), the National Sex Offender Registry and the Ontario Sex Offender Registry is available here.

Child Pornography

Child Pornography is defined in Section 163.1 of the Criminal Code of Canada as follows:

Section 163.1 (1)

In this section, "child pornography" means

  1. a photographic, film, video or other visual representation, whether or not it was made by electronic or mechanical means,
    1. 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
    2. 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;
  2. 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;
  3. 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
  4. 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.

The Criminal Code of Canada sets out the following offences and penalties:

Section 163.1 (2) - Making Child Pornography

Every person who makes, prints, publishes or possesses for the purpose of publication any child pornography is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year.

Section 163.1(3) - Making Child Pornography Available

Every person who transmits, makes available, distributes, sells, advertises, imports, exports, or possesses for the purpose of transmission, making available, distribution, sale, advertising or exportation any child pornography is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year.

Section 163.1(4) - Possession of Child Pornography

Every person who possesses any child pornography is guilty of

  1. an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or
  2. an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of 6 months.

Section 163.1(4.1) - Accessing Child Pornography

Every person who accesses any child pornography is guilty of

  1. an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a period of one year; or
  2. an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of 6 months.

The Criminal Code of Canada specifies that a person accesses child pornography who knowingly causes child pornography to be viewed by, or transmitted to, himself or herself.

Child Luring

The offence of luring a child for a sexual purpose is committed when an accused, by means of telecommunication, communicates with

  1. a person who is, or who the accused believes is, under the age of 18 years, for the purpose of facilitating the commission of certain designated offences with respect to that person (such as a child pornography offence) or
  2. a person who is, or who the accused believes is, under the age of 16 years, for the purpose of facilitating the commission of certain designated offences with respect to that person (such as sexual interference , invitation to sexual touching and sexual assault) or
  3. a person who is, or who the accused believes is, under the age of 14 years, for the purpose of facilitating the commission of child abduction.

The penalties for child luring are as follows:

  1. a maximum term of imprisonment of not more than 14 years and a minimum term of imprisonment of one year if the Crown proceeds by indictment;
  2. a maximum term of imprisonment of not more than two years less a day and a maximum term of imprisonment of 6 months if the Crown proceeds summarily.

Beyond that, the stigma that attaches to those accused of child pornography and the luring of children over the internet can forever change the way others view you. For all of these reasons, it is critical that you have a skilled and knowledgeable defence lawyer on your side. I have more than 30 years of experience defending against the most serious charges. I believe strongly that everyone deserves a defence, and I will work hard to build the strongest possible defence on your behalf.

To arrange a free initial consultation with a Toronto child pornography and internet luring defence lawyer, please call 416-651-2299 or toll free 1-888-399-3164. You can also contact my law firm online.

Toronto Lawyer Defending Against All Child Pornography and Internet Luring Charges

I have the capability to defend you against even the most serious charges, including:

Sex Offender Registry

Anyone convicted of a sexual offence will be subject to a mandatory order to comply with the Sex Offender Information Registration Act (SOIRA), which will result in his or her name and other personal information being placed in the Ontario National Sex Offender Registry. In addition the convicted person will be required to have his or her name placed on the Ontario Sex Offender Registry. This can seriously affect your ability to obtain employment and the quality of your life. This is another important reason to make sure you are represented by only a qualified and skilled criminal defence lawyer. More Information on the Sex Offender Information Registration Act (SOIRA), the National Sex Offender Registry and the Ontario Sex Offender Registry is available here.

Prohibition Orders - Section 161 of the Criminal Code of Canada

A person who is found guilty of committing a sexual offence, a child pornography offence or an offence involving the Internet luring of a person who is under the age of 16 years also faces the possibility that the court may make an order prohibiting the offender from engaging in activity that may bring the offender in contact with persons under the age of 16 years. This prohibition order is discretionary. The prohibition order may be for life or any shorter period that the court considers desirable. The court may also make the prohibition order subject to conditions or exemptions that the court considers appropriate.

The prohibition order may prohibit the offender from doing any or all of the following:

a) attending a public park or public swimming area where persons under the age of 16 years are present or can reasonably be expected to be present, or a day care centre, school ground, playground or community centre;

(b) seeking, obtaining or continuing any employment, whether or not the employment is remunerated, or becoming or being a volunteer in a capacity that involves being in a position of trust or authority toward persons under the age of 16 years;

(c) having any contact — including communicating by any means — with a person who is under the age of 16 years, unless the offender does so under the supervision of a person whom the court considers appropriate; or

(d) using the Internet or other digital network unless the offender does so in accordance with conditions set by the court.

Forfeiture of Property

A court that convicts a person of child pornography, the Internet luring of a minor or the offence of agreeing or arranging with another person, by means of telecommunication, to commit child pornography, or a sexual offence against a minor, may order the forfeiture of the property of the offender, or the property of any party to the offence, even if the property is in the possession of a third party if it can reasonably be inferred that the property was transferred for the purpose of avoiding forfeiture.

An Intelligent Approach to Protect Your Rights

In creating a strong defence in child pornography and internet luring cases, pre-trial investigation and a knowledge of computer-related offences is key.

I take the time to find any weaknesses in the Crown's case. For example, if you believe that you took reasonable steps to ascertain the age of the person involved to ensure that that person was not within the restricted age, I will present the strongest possible argument to establish that you are not guilty.

In other cases, the subject material may have a legitimate purpose related to the administration of justice or to science, medicine, education or art and may not pose an undue risk of harm to persons under the age of 18 years thereby preventing your conviction. I will also investigate whether the material in question is actually child pornography and if the child involved in fact qualifies as a child according to the relevant legislation.

You can rely on me to construct a serious defence against these serious allegations.

Call Toronto Child Pornography and Internet Luring Lawyer
Anthony De Marco for a Free Consultation

Contact my Toronto, Ontario, child pornography and internet luring defence law firm today to discuss your child pornography and internet luring case. I offer a free 30-minute consultation. For your convenience, I accept Visa and offer payment plans. You can reach me by phone at 416-651-2299 or toll free 1-888-399-3164. You can also contact my law office online.