Avocat en Cybercrimes à Montréal
Qu’est-ce Que La Possession De Pornographie Juvénile ?
Possession of child pornography (s. 163.1(4)) simply entails having in your possession a photographic, film, video or other visual representation of an individual under 18 years of age engaged in a sexual act or where the dominant quality being displayed in the medium is a sexual organ.
Les Autres Cybercrimes
Since internet offences entail any offence that uses the internet as a conduit, it involves a lot of different offences, like: publication of an intimate image without consent (s. 162.1(1)), distribution of child pornography (s. 163.1(3)), creation of child pornography (s. `163.1(2)) child luring (s. 172.1), and criminal harassment (s. 264(1)).
Les Conséquences D’une Condamnation Pour Possession De Pornographie Juvénile
Over the years, the sentencing matrix has become more and more severe. In addition to the crippling stigma and mandatory placement on the sexual offender’s registry, those convicted of possession of child pornography face mandatory minimum sentences of incarceration, and will often spend short periods of time behind bars. The quantity and nature of the pornography are taken into account when crafting a fit sentence. Of course, those who distribute and create child pornography can expect a significantly harsher sentence.
Les Défenses Possibles Contre Une Accusation De Possession De Pornographie Juvénile
Possession of child pornography is usually difficult to defend on its merits, since being arrested typically involves police seizing the pornography in question, meaning that they have physical evidence of your guilt. Therefore, the most conventional way of getting an acquittal is through getting the evidence excluded by submitting a Charter motion that shows that the police violated your rights in some way. Of course, it may also be possible to claim that the illicit material in question does not constitute child pornography or that you were unaware that you had possessed it in the first place. If the materials were found on a shared computer, reasonable doubt could be raised as to its true owner.
Accusation De Possession De Pornographie Juvénile : Prochaines Étapes ?
If you’ve been charged with possession of child pornography, you should consult counsel immediately. You should further invoke your right to remain silent and refuse to answer any questions. It’s also strongly encouraged to take note of your version of events from the moment that the police interacted with you; pay particular attention to the following:
- If no warrant was used, how did the officers first come across you and at what point were you detained or arrested?
- Did they provide you with your right to counsel?
- Did they inform you of your right to silence?
- Were they overly forceful in their arrest?
- If a warrant was used, what time was it executed?
- How did they enter your home?
- When did they inform you of your rights?
- At what point did you invoke your right to counsel and when did you actually speak to a lawyer?
All of these details are crucial and may be the only way to get the evidence of your guilt excluded.
★ Si vous faites l’objet d’une enquête policière en lien avec la possession de pornographie juvénile, si vous faites face à des accusations pour possession de pornographie juvénile, ou encore si vous avez des questions en lien avec vos droits, vous pouvez nous contacter dès maintenant pour parler avec un avocat ou fixer une consultation.