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?
Should a man go to jail if he's caught with child porn in his house?
- Thread starter Rawisbetter!
- Start date
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
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.
Here, I'll take the preasure off ya...
Criminal Code
PART V: SEXUAL OFFENCES, PUBLIC MORALS AND DISORDERLY CONDUCT
Offences Tending to Corrupt Morals
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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
Criminal Code
PART V: SEXUAL OFFENCES, PUBLIC MORALS AND DISORDERLY CONDUCT
Offences Tending to Corrupt Morals
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.
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.
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.
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.
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.
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?
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.
"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?
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?
"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.
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?