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Child pornography
What the Law Says
Under the Criminal Code of Canada, “child pornography” includes:
• Images or videos showing a person under 18 engaged in sexual activity.
• Computer-generated or digitally altered images that depict sexual activity involving someone under 18.
• Written descriptions or audio recordings created for a sexual purpose that involve people under 18.
• Any material or instructions that promote or encourage sexual offences against children.
Even if no actual child is involved—for example, in computer-generated content—it may still fall within the law’s definition of child pornography.
Offences and Penalties
Child pornography-related offences include:
• Possession
• Accessing online
• Distribution or making available
• Production or creation
• Importing or exporting
The penalties are extremely serious:
• Possession: up to 10 years in prison
• Distribution / Making Available: up to 14 years in prison
• Production: up to 14 years in prison
• Importing / Exporting: up to 14 years in prison
In addition to imprisonment, a conviction almost always results in:
• A criminal record
• Placement on the Sex Offender Registry
• Strict probation and reporting conditions
Life Consequences of a Conviction
Beyond the courtroom, a conviction can have devastating long-term effects, including:
• Permanent restrictions on employment opportunities
• Serious travel limitations, including being barred from entering the United States and many other countries
• Lasting damage to reputation, family life, and personal relationships
Child pornography FAQ
Do I need to have shared the material to be charged?
No. Simply possessing or accessing child pornography is a criminal offence in Canada. Distribution or production usually leads to more serious charges, but possession alone can result in a lengthy jail sentence and a criminal record.
What if I didn’t know the material was on my device?
Knowledge is a key part of the offence. If files were downloaded without your awareness—for example, through viruses, file-sharing programs, or someone else using your computer—this may form part of a defence. However, the Crown will often argue that “willful blindness” (choosing not to check) is the same as knowledge.
Can deleted files still lead to charges?
Yes. Police forensic teams can often recover deleted files from computers, phones, or hard drives. If those files are found, you may still face charges.
Are computer-generated images or written material illegal too?
Yes. The law covers not only real images and videos, but also digitally created images, cartoons, and written or audio material if it depicts or describes sexual activity with minors for a sexual purpose.
Can I avoid going to jail?
In rare cases, alternatives to jail (such as probation, conditional sentences, or treatment-based resolutions) may be possible, especially for first-time offenders. Outcomes depend on the specific facts of the case and the strength of your defence.
Will this affect my future?
Yes. Beyond jail and fines, a conviction can severely limit your ability to work, travel, or maintain family and community relationships. It can also prevent you from entering certain countries, including the United States.
How We Can Help?
At KJR, we understand the overwhelming stress and fear that comes with being charged with a child pornography offence. Our experienced criminal defence lawyers in Calgary have defended clients in thousands of cases, and we approach every file with discretion, dedication, and a focus on protecting your rights and future.
If you are under investigation or facing charges, do not wait. Early legal intervention can make a critical difference in the outcome of your case.
📞 Call us today at (587)-583-2808 to speak with a lawyer in confidence.