Child Pornography

Child Pornography Lawyers

The Lawyers At Roulston Urquhart Uphold The Presumption Of Innocence For All Criminal Charges And Will Work With You To Ensure You Receive Fair Representation In Court.

The minimum criminal sentences for the conviction of child pornography are severe. This charge may include the allegation of possession, access, distribution or the making of child pornography. To investigate the charge, police may receive a search warrant and confiscate electronic devices. This may include your cellphone, computer or tablet. We understand the major impact a child pornography charge can have on your life and your relationship with your family.

If you are facing a child pornography charge, it is crucial to receive reliable legal advice from Roulston Urquhart Criminal Defence.

We will ensure that your rights are not violated and evaluate all interactions with police. We will guide you through the court process and ensure you understand your rights in any future interactions with police. We will ensure you do not mistakenly provide a statement to the police that may damage your case.

Our dedicated team has extensive experience in representing child pornography cases. We understand the complexity of this charge, the intricacies of the Offender Information Registration Act and the numerous consequences that result. You will receive thoughtful legal advice for your specific situation.

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Questions

What is child pornography?

Child pornography is defined under section 163.1(1) of the Criminal Code. Generally, child pornography refers to is any image, video or other visual that depicts a person under the age of eighteen years for a sexual purpose.

What are the types of child pornography offences?

There are four different offences related to child pornography including:

Section 163.1(2): Making Child Pornography
Section 163.1(3): Distribution of Child Pornography
Section 163.1(4): Possession of Child Pornography
Section 163.1(4.1): Accessing Child Pornography

I have been charged with making child pornography – what does this mean?

Section 163.1(2) is the criminal charge alleging child pornography has been made, printed, published or possessed for the purpose of publication. This may include taking videos, photos, audio recordings or any other form of visual representation.

I have been charged with distributing child pornography – what does this mean?

Section 163.1(3) outlines the criminal offence to distribute, transmit, export, or advertise child pornography. This includes sharing content or assisting and instructing someone how to access child pornography.

I have been charged with possession of child pornography – what does this mean?

Section 163.1(4) makes it a criminal offence to knowingly possess and control child pornography. To establish this offence, the Crown does not need to prove that you actually viewed the materials. Instead the charge is based on the allegation that you downloaded, exported or possessed child pornography material and were aware of its contents.

I have been charged with accessing child pornography – what does this mean?

Section 163.1(4.1) makes it a criminal offence to knowingly view or access child pornography. Therefore, even if you have not permanently downloaded or saved child pornography to your device, you may still be charged if the police have reason to believe you have viewed this material.

What are potential defences to the charge of child pornography?

The defences available to you are dependent on the circumstances of the charge. These investigations are complicated, especially with the recent advancements in technology. Information such as browser history, IP address, subscriber information and hard drives may be analyzed.

A common defence is ensuring your Charter rights were not violated during the investigation. For instance, if your computer or device was seized under an illegal search, your lawyer will argue to have this evidence excluded. The knowledgeable team at Roulston Urquhart Criminal Defence will guard the rights of clients through detailed Charter applications. A secondary defence is to determine if you had knowledge or control over the materials in question. Your lawyer at Roulston Urquhart will exhaustively review your case to secure the best possible outcome for you.

What are the potential criminal sentences if I am found guilty of a child pornography charge?

Child pornography is a very serious offence that carries mandatory minimum jail sentences. These will depend on the nature and severity of the offence. Factors the may be considered include the number of videos or images, your level of involvement, age of the children and the content of the images.

The decisions of the court in assigning jail sentences can vary depending on the situation. It is in your best interest to hire an experienced lawyer that is well versed in this area of law to advocate on your behalf and ensure fair treatment by the court.

Relevant Cases

Our past cases prove the practical and effective results in successfully defending and negotiating criminal charges. We will provide you with a step-by-step plan to defend your charges and ideally resolve before trial. Our criminal defence lawyer’s goal is to protect your criminal record and your freedom.

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Child Pornography

R v S.P.M. [Calgary Provincial Court]

Offence: Possess Child Pornography, Access Child Pornography and Distribution of Child Pornography

Result: Reduced Jail Sentence and SOIRA Order

The client was charged with numerous offences involving child pornography. The client was facing a three to four-year jail sentence and SOIRA order of 10 years. Tonii Roulston reviewed the file and entered negotiations with the Crown Prosecutor. Tonii Roulston secured a two-year federal sentence for the client and a reduced SOIRA order of 8 years.

R v L.B. [Calgary Court of Queen’s Bench]

Offence: 19 offences including child pornography and luring

Result: The client pleaded guilty to 2 counts, while the remaining 17 counts were withdrawn.

The client was charged with 19 substantive offences including several counts of making and accessing child pornography, and 5 counts of luring. After discussion between counsel, the client plead guilty to only 2 counts and received a 2 year incarceratory term while the remaining 17 counts were withdrawn.

R v J.P. [Calgary Provincial Court]

Offence: Child Pornography

Result: Peace Bond

The client was charged for making child pornography, and seven counts of arranging a sexual offence against a minor. The charges were resolved through a Peace Bond and our client obtained no criminal record.