This includes creating, printing, or publishing child pornography. This also applies to the possession of such materials with the intention of publishing them.
If the accused believed that the person represented was at least 18 years of age, he must prove that he took all reasonable steps to confirm her age and to ensure that she was not represented as being under 18 years of age.
Distribution includes the transmission, sale, import, export, or provision of child pornography. It also includes advertising or possession of it for these purposes.
Possession may be pursued either by dismissal or by summary proceedings.
Offence punishable by criminal act
summary offence
A person can be sued if they voluntarily view child pornography or if they act in such a way that it is sent to them.
Offence punishable by criminal act
summary offence
A person is not guilty if the material was created or manipulated for legitimate purposes, such as:
Even if there is a legitimate reason, the accused must demonstrate that his actions did not present an undue risk to persons under 18. The courts assess this issue based on the facts specific to each case.
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