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Definition of child pornography. Marginal note: Distribution, etc. Marginal note: Possession of child pornography.

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Definition of child pornography Marginal note: Making child pornography 2 Every person who makes, prints, publishes or possesses for the purpose of publication any child pornography is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year. Marginal note: Possession of child pornography 4 Every person who possesses any child pornography is guilty of a an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or b an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a import porn and to a minimum punishment of imprisonment for a term of six months.

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Marginal note: Accessing child pornography 4. Marginal note: Interpretation 4. Marginal note: Aggravating factor 4.

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Marginal note: 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 import porn or was depicted import porn 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.

Marginal note: 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. Marginal note: 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.

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Criminal Code 1 - Short Title 2 - Interpretation 3.

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