Being charged with a childe pornography charge can have severe consequences for one's personal and professional life. A conviction can lead to mandatory minimum jail sentences and can ruin your reputation, career, and future.
Vladimir Semyonov of Semyonov Law is a qualified attorney who holds a B.A., M.Ed., and LL.B from Osgoode Hall Law School in Toronto. He is experienced in defending against making, possession and distribution of child pornography charges.
These cases can be complex requiring specialized knowledge and a track record of successfully defending child pornography cases. Mr. Semyonov is well-versed in this area and provides clients with the strongest defense possible.
(a) a photographic, film, video or other visual representation, whether or not it was made by electronic or mechanical means,
(i) that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or
(ii) the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years;
(b) any written material, visual representation or audio recording that advocates or counsels sexual activity with a person under the age of eighteen years that would be an offence under this Act;
(c) any written material whose dominant characteristic is the description, for a sexual purpose, of sexual activity with a person under the age of eighteen years that would be an offence under this Act; or
(d) any audio recording that has as its dominant characteristic the description, presentation or representation, for a sexual purpose, of sexual activity with a person under the age of eighteen years that would be an offence under this Act.
There are four child pornography offences that carry mandatory minimum punishments and long maximum sentences:
1.Accessing
Accessing child pornography refers to knowingly viewing or transmitting it, usually via the internet. It is a criminal offense for any individual to access any form of child pornography and the severity of the punishment for this offense depends on the nature of the crime. For an indictable offense, the offender is liable to imprisonment for a maximum term of 10 years and a minimum sentence of one year. On the other hand, if the Crown proceeds summarily, the offender is liable to imprisonment for a maximum term of two years less a day and a minimum of six months.
2. Possessing
Possessing child pornography means having control over it and being aware of its nature.
In such cases, every person is guilty of an offense punishable by imprisonment. The sentence can be as long as 10 years and a minimum of one year, if the Crown proceeds by indictment. If the Crown proceeds summarily, the person is punishable by imprisonment for a term maximum of two years and a minimum of six months.
3. Distributing
Distributing child pornography means making it publicly available to others, often through file sharing or online posting. It is illegal for any person to transmit, make available, distribute, sell, advertise, import, export, or any child pornography. Those found guilty of such an offense are given an indictable offense and are liable to serve a term of imprisonment for a maximum of 14 years. The minimum punishment for this offense is a term of imprisonment for one year. It is important to understand that this crime not only harms the innocent children who are depicted in the material but also perpetuates a cycle of abuse and exploitation.
4. Making
Making child pornography involves creating and controlling its production. Creating child pornography is a severe criminal offense that carries a mandatory minimum sentence of one-year imprisonment. It is important to note that a conditional sentence, also known as house arrest, is not an option in cases where the Criminal Code imposes a minimum sentence. The act of making child pornography refers to an individual who produces, prints, publishes or holds child pornography with the intent of sharing it. This type of crime is considered more severe than the offenses of accessing and possessing pornographic material that involves minors and carries out a maximum penalty of 14 years imprisonment.
Due to the gravity of such allegations, it is crucial to seek the services of a lawyer with a wealth of experience in child pornography cases to defend against any allegations related to this offense. At Semyonov Law, we work to secure your most favorable conditions and guide you through the criminal justice system. How we work to support you in this process:
– Ensure that the prosecution meets its disclosure obligations
– Identify any errors in the criminal process including violations of Charter rights
– Negotiate with the prosecution and professionally advise you of the next steps and options
– Assess all the evidence against you to build a strong defense
– Gather evidence to support your account
– Examine and analyze investigative procedures and warrants used to obtain evidence
– Seek a more lenient sentence in the event of a guilty plea or conviction.
Semyonov Law Provides You With A Confidential And Detailed Consultation Is Your First Step In Building Your Case! In Court In Newmarket
Each case is different. We strongly believe in access to justice and will work with you to ensure you receive quality legal representation for a fee that is fair to you and allows us to perform the work competently.
