The Criminal Code of Canada prohibits:

• Possession of child pornography (s. 163.1(4))

• Accessing child pornography (s. 163.1(4.1))

• Distributing child pornography (s. 163.1(3))

• Making or producing child pornography (s. 163.1(2))

• Exporting or transmitting child pornography (s. 163.1(3)(a))

To convict, the Crown must prove that the material meets the legal definition of child pornography, and that the accused had knowledge and control over it. In digital cases, the Crown often relies on forensic computer evidence.

A conviction often results in mandatory minimum sentences, inclusion on the national sex offender registry, and lifetime prohibitions on accessing certain places, working in certain professions, or using the internet without supervision. The social stigma attached to these charges is profound and lasting.

Defending child pornography charges often involves constitutional challenges (e.g., over the execution of search warrants), technical arguments related to digital evidence, and issues of knowledge or control over the material. These cases require highly detailed analysis and the assistance of forensic computer experts.

If you are charged, it is critical to work with counsel experienced in defending these highly sensitive and complex cases. At Hogan Law, we use our engineering background, technical knowledge and relationships with computer/technical experts to scrutinize every child pornography case.