Should a man go to jail if he's caught with child porn in his house?


Rawisbetter!
#1
Now it's just some pictures he downloaded off of the internet. There's no evidence at all that he molested a child. Just a picture. Should he go to jail?
 
CDNBear
#2
Quote: Originally Posted by Rawisbetter! View Post

Now it's just some pictures he downloaded off of the internet. There's no evidence at all that he molested a child. Just a picture. Should he go to jail?

If by accident, in the process of surfing porn, he acquires child porn, but deletes it and only the remnents appear on his compute, then no.

But if he a file saved, then he is committing a criminal act under the Criminal Code of Canada...

http://www.canlii.org/ca/sta/c-46/sec163.1.html
 
Rawisbetter!
#3
Oh no you don't. I'm not falling for that. I bet that address you gave is a link to child porn.
 
CDNBear
#4
Quote: Originally Posted by Rawisbetter! View Post

Oh no you don't. I'm not falling for that. I bet that address you gave is a link to child porn.

rotflmffao!!!

Ya it does, good call.

It is a legal site that has that particular part of the CCoC.

Note the ca in the addy, that would denote the theoretical impossiblity that it contains images of child porngraphy. Servers within the boundries of Canada, can not legally contain or make available child pornography. They get shut down as soon as they are found. If fact i can only think of one such server, in Kebec and it only contained text, but died none the less.
 
CDNBear
#5
Here, I'll take the preasure off ya...

Criminal Code
PART V: SEXUAL OFFENCES, PUBLIC MORALS AND DISORDERLY CONDUCT
Offences Tending to Corrupt Morals
Definition of “child pornography”

163.1 (1) In this section, “child pornography” means
(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.
Making child pornography

(2) Every person who makes, prints, publishes or possesses for the purpose of publication any child pornography is guilty of
(a) an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; or
(b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months and to a minimum punishment of imprisonment for a term of ninety days.
Distribution, etc. of child pornography

(3) Every person who transmits, makes available, distributes, sells, advertises, imports, exports or possesses for the purpose of transmission, making available, distribution, sale, advertising or exportation any child pornography is guilty of
(a) an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; or
(b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months and to a minimum punishment of imprisonment for a term of ninety days.
Possession of child pornography

(4) Every person who possesses any child pornography is guilty of
(a) an indictable offence and liable to imprisonment for a term not exceeding five years and to a minimum punishment of imprisonment for a term of forty-five days; or
(b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months and to a minimum punishment of imprisonment for a term of fourteen days.
Accessing child pornography

(4.1) Every person who accesses any child pornography is guilty of
(a) an indictable offence and liable to imprisonment for a term not exceeding five years and to a minimum punishment of imprisonment for a term of forty-five days; or
(b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months and to a minimum punishment of imprisonment for a term of fourteen days.
Interpretation

(4.2) For the purposes of subsection (4.1), a person accesses child pornography who knowingly causes child pornography to be viewed by, or transmitted to, himself or herself.
Aggravating factor

(4.3) If a person is convicted of an offence under this section, the court that imposes the sentence shall consider as an aggravating factor the fact that the person committed the offence with intent to make a profit.
Defence

(5) It is not a defence to a charge under subsection (2) in respect of a visual representation that the accused believed that a person shown in the representation that is alleged to constitute child pornography was or was depicted as being eighteen years of age or more unless the accused took all reasonable steps to ascertain the age of that person and took all reasonable steps to ensure that, where the person was eighteen years of age or more, the representation did not depict that person as being under the age of eighteen years.
Defence

(6) No person shall be convicted of an offence under this section if the act that is alleged to constitute the offence
(a) has a legitimate purpose related to the administration of justice or to science, medicine, education or art; and
(b) does not pose an undue risk of harm to persons under the age of eighteen years.
Question of law

(7) For greater certainty, for the purposes of this section, it is a question of law whether any written material, visual representation or audio recording advocates or counsels sexual activity with a person under the age of eighteen years that would be an offence under this Act.
1993, c. 46, s. 2; 2002, c. 13, s. 5; 2005, c. 32, s. 7.
 
Rawisbetter!
#6
Laws can change however. So do you think the man should go to jail just for having a gross picture?
 
CDNBear
#7
Quote: Originally Posted by Rawisbetter! View Post

Laws can change however. So do you think the man should go to jail just for having a gross picture?

Yep, it's against the law.

It's against the moral fabric of society as a whole, it's not just some beef willy nilly, whipped up as a thought. I would assert that less the 0.01% of the population would question the validity in this law.
 
eh1eh
#8
Quote: Originally Posted by Rawisbetter! View Post

Laws can change however. So do you think the man should go to jail just for having a gross picture?

A child had to pose for that picture. Does this really need explaination?
 
Rawisbetter!
#9
Just because 99% of people agree with the law doesn't mean I shouldn't question it. So far this guy hasn't done anything truely wrong. Yes, technically he broke the law, but that's not what I'm saying. Has he hurt anyone? Did he take the picture himself? Let's say he didn't. All he's guilty of is having some bad taste. Should he go to jail for that?
 
CDNBear
#10
Quote: Originally Posted by Rawisbetter! View Post

Just because 99% of people agree with the law doesn't mean I shouldn't question it. So far this guy hasn't done anything truely wrong. Yes, technically he broke the law, but that's not what I'm saying. Has he hurt anyone? Did he take the picture himself? Let's say he didn't. All he's guilty of is having some bad taste. Should he go to jail for that?

Yes, it is criminal facilitation, if no one picks no one picks it up, no one will post it. Why is this hard for you to swallow, or is your intentions just to get a debate going? If the latter is the case, as i suspect, then I must say, you made your pitch, just give it time, the thread will move, the topic is a formidable one.
 
eh1eh
#11
Quote: Originally Posted by Rawisbetter! View Post

Just because 99% of people agree with the law doesn't mean I shouldn't question it. So far this guy hasn't done anything truely wrong. Yes, technically he broke the law, but that's not what I'm saying. Has he hurt anyone? Did he take the picture himself? Let's say he didn't. All he's guilty of is having some bad taste. Should he go to jail for that?

If the photo was illegally obtained, which, if it is of a minor then is was and is a crime to posess.
Why isn't this thread, 'Child Porn is Wrong No Matter What'? That seems like it would suite your style Raw.
 
TenPenny
#12
Quote: Originally Posted by Rawisbetter! View Post

Now it's just some pictures he downloaded off of the internet. There's no evidence at all that he molested a child. Just a picture. Should he go to jail?

Yes. Absolutely.
 
Rawisbetter!
#13
Without hiding behind the "it's the law" excuse like the other guys TenPenny, please explain why he should go to jail.
 
CDNBear
#14
Quote: Originally Posted by Rawisbetter! View Post

Without hiding behind the "it's the law" excuse like the other guys TenPenny, please explain why he should go to jail.

are you looking for one of to say that it is morally unacceptable, so you can make a connection between this and your feelings on abortion?

Ok I'll bite...

Because of the physical and life long damage to the children abused, to make such filth, the majority of our society find it so reprehencable that it was made into a law.

As a parent I find it actually just sickening and gross, that someone finds an under developed, child, sexually attractive.
 
eh1eh
#15
Quote: Originally Posted by Rawisbetter! View Post

Without hiding behind the "it's the law" excuse like the other guys TenPenny, please explain why he should go to jail.

I won't hide behind the law. A child suffered to create this mans pleasure. I think he should have his genitals choped off, but I have more respect for the law then that so would like to see the man charged and prosecuted accordingly.
Why do you ask?
 
Rawisbetter!
#16
Yes, but in this case, the guy hasn't hurt anyone. All he has is a picture he downloaded.
 
tracy
#17
Quote: Originally Posted by Rawisbetter! View Post

Yes, but in this case, the guy hasn't hurt anyone. All he has is a picture he downloaded.

The child is degraded by this man possessing a picture of the child being molested and abused. Would you be ok with someone degrading you like that?

Plus, it's men like this (those who "just" download pictures) who are the cause of those pictures being posted on the internet in the first place. That does cause harm. They are disgusting and vile.
 
Rawisbetter!
#18
"Would you be ok with someone degrading you like that?"


No, but the only people I want to be punished are the people who actually did it to me. Not some one who happens to have a picture of it. Let me ask you a question. Do you eat meat?
 
Rawisbetter!
#19
"Plus, it's men like this (those who "just" download pictures) who are the cause of those pictures being posted on the internet in the first place."


I'll disagree with that. If no one ever downloaded child porn, the molesters would still post those pictures anyway and they'd still hurt children. It the actual child molesters that are the cause of those pictures, not the man with the bad taste.
 
eh1eh
#20
Quote: Originally Posted by Rawisbetter! View Post

"Plus, it's men like this (those who "just" download pictures) who are the cause of those pictures being posted on the internet in the first place."


I'll disagree with that. If no one ever downloaded child porn, the molesters would still post those pictures anyway and they'd still hurt children. It the actual child molesters that are the cause of those pictures, not the man with the bad taste.

Well then I guess if all I do is smoke a few joint now and again I am not guilty of anything.So only the person who grew it should be punished?
 
Daz_Hockey
#21
Man, why is this thread dragging on?...if you download pictures of children nude in any way shape or form, you have serious problems and deserve to go to jail. Simple as that.

Downloading pictures is just one step on the way to performing the act yourself. Someone I am related to (although, luckily, he's not alive anymore) was imprisoned for child abuse, he never stopped, they sent him to prison, poured scolding water on him, regularly beat the crap out of him....and STILL he never stopped.

Do you want to know what made him stop in the end?...doesnt matter if you want to know or not, I'm going to tell you....he heard a very close relative of mine had found out he'd been keeping a stash of child porn and he was so scared of going back to jail...he had a heart attack and died.

And I dont feel any sympathy for the dirty depraved child molester and I'm just sad he didnt get the chance to get brutally beaten in jail again...and you know?.......





that was my grandfather....

(besides your continuous line of questioning makes me think perhaps you personally have something to hide)
 
Toro
#22
Yes.

If there was no demand, there would be no child pornography, simple as that. Thus, hit those who demand what is illegal.

I'm not one of those who think that pornography leads to sexual crimes. Something like half the bandwidth usage on the Internet goes towards porn (or at least it was a few years ago) and there certainly hasn't been an explosion in sexual crimes around the world.
 
fatbasturd
#23
I think i would insert my boot in his ass so hard and fast...that he would have no disire to look at children again for a very long time.
So in short...yes he should do jail time...lengthy time at that!
 
tracy
#24
Quote: Originally Posted by Rawisbetter! View Post

"Would you be ok with someone degrading you like that?"


No, but the only people I want to be punished are the people who actually did it to me. Not some one who happens to have a picture of it. Let me ask you a question. Do you eat meat?

What on earth does vegetarianism have to do with child molestation?

I seriously doubt you'd be ok with some sicko getting his jollies out of your degradation.
 
eh1eh
#25
That should answer you question Raw? Better delete those photos.
 
L Gilbert
No Party Affiliation
#26
Quote: Originally Posted by eh1eh View Post

A child had to pose for that picture. Does this really need explaination?

Apparently for some people it does require explaining.
 
eh1eh
#27
Quote: Originally Posted by L Gilbert View Post

Apparently for some people it does require explaining.

I think it was an exersise in Trolling.
 
L Gilbert
No Party Affiliation
#28
Quote: Originally Posted by eh1eh View Post

I think it was an exersise in Trolling.

Or trying to justify his own collection.
 
TenPenny
#29
Quote: Originally Posted by Rawisbetter! View Post

Without hiding behind the "it's the law" excuse like the other guys TenPenny, please explain why he should go to jail.

Because, by downloading the pictures the person (male or female) is participating in the child abuse. People who download child porn are guilt of exploitation and even complicit in murder of children. They should either be in jail, or dead. You pick.
 
m_levesque
#30
Quote: Originally Posted by Rawisbetter! View Post

Yes, but in this case, the guy hasn't hurt anyone. All he has is a picture he downloaded.

It seems fairly clear to me you're not a parent. Hasn't hurt anyone? Let me be blunt, since we're all adults here. If I caught you whacking off to pictures of my children, you'd pray they'd take you to jail.
Straight enough for you to understand?