Child Pornography

A person who prints or otherwise makes or produces child pornography is guilty of an indictable offence.
Penalty: Upon conviction; level 5 imprisonment (10 years maximum).

It is a defence to a prosecution of child pornography to prove, in the case of
- a film; or
- a photograph contained in a publication; or a computer game that at the time of the alleged offence the film, publication or computer game was classified other than RC or X or X 18+ or would, if classified, be classified other than RC or X or X 18+.

Procurement etc. of minor for child pornography

A person who
- invites a minor to be in any way concerned in the making or production of child pornography; or
- procures a minor for the purpose of making or producing child pornography; or
- causes a minor to be in any way concerned in the making or production of child pornography; or
- offers a minor to be in any way concerned in the making or production of child pornography is guilty of an indictable offence punishable on conviction by level 5 imprisonment (10 years maximum).

It is a defence to a prosecution procurement of minor for child pornography to prove, in the case of
- a film; or
- a photograph contained in a publication; or (c) a computer game that at the time of the alleged offence the film, publication or computer game would, if classified, be classified other than RC or X or X 18+.

Possession of child pornography

A person who knowingly possesses child pornography is guilty of an indictable offence.
Penalty: Level 6 imprisonment (5 years maximum).

It is a defence to a prosecution for possession of child pornography to prove
- in the case of
- a film; or a photograph contained in a publication; ora computer game that at the time of the alleged offence the film, publication or computer game was classified other than RC or X or X 18+ or would, if classified, be classified other than RC or X or X 18+; or
- that the film, photograph, publication or computer game possesses artistic merit or is for a genuine medical, legal, scientific or educational purpose; or
- that the accused believed on reasonable grounds that the minor was aged 18 years or older or that he or she was married to the minor; or
- that the accused made the film or took the photograph or was given the film or photograph by the minor and that, at the time of making, taking or being given the film or photograph, the accused was not more than 2 years older than the minor was or appeared to be; or
- that the minor or one of the minors depicted in the film or photograph is the accused.

The defence of artistic merit cannot be relied on in a case where the prosecution proves that the minor was actually under the age of 18 years.

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