What is considered paedophile content?

Published: 19 September 2017

Sumbit report

Illustration: paedophilic content

Images and videos depicting children naked or half-naked in a sexual situation to arouse sexual desire in others are considered paedophilic.

Paedophile content includes the representation (image or video) of children, i.e. minors under the age of 18, in situations/positions that may arouse sexual desire in others. A paedophile image or recording represents sexuality in a highly obscene manner, i.e. it shows genitalia while depicting real or simulated sexual acts using minors in either active or passive roles.

Act C of 2012 on the Criminal Code

Child Pornography

Section 204

(1) Any person who:

a) obtains or have in his possession pornographic images of a person or persons under the age of eighteen years is punishable for a felony by imprisonment not exceeding three years,

b) produces, offers, supplies or makes available pornographic images of a person or persons under the age of eighteen years is punishable by imprisonment between one to five years,

c) distributes, deals with or makes pornographic images of a person or persons under the age of eighteen years available to the general public is punishable by imprisonment between two to eight years.

(2) The penalty shall be imprisonment between two to eight years if the criminal offense defined in Paragraph b) of Subsection (1) is committed against a person who is in the care, custody or supervision of or receives medical treatment from, the perpetrator, or if abuse is made of a recognized position of trust, authority or influence over the victim.

(3) Any person who provides material assistance for the criminal act defined in Paragraph c) of Subsection (1) shall be punishable by imprisonment between one to five years.

(4) Any person who:

a) persuades a person or persons under the age of eighteen years to participate in a pornographic production is punishable by imprisonment not exceeding three years,

b) gives a role to a person or persons under the age of eighteen years in a pornographic production is punishable by imprisonment between one to five years.

(5) Any person who:

a) offers to a person or persons under the age of eighteen years to participate in a pornographic material;

b) participates in a pornographic production in which a person or persons under the age of eighteen years also participate;

c) provides material assistance for the involvement of a person or persons under the age of eighteen years in a pornographic production;

is punishable by imprisonment not exceeding three years.

(6) Any person who provides the means necessary for or facilitating the production or distribution of or trafficking in pornographic material on a person or persons under the age of fourteen years is guilty of a misdemeanor punishable by imprisonment not exceeding two years.

(7) For the purposes of this Section:

a) ‘pornographic material’ shall mean any video, movie or photograph or other form of recording that displays sexuality in a gravely indecent manner of exposure specifically for arousing sexual demeanor,

b) ‘pornographic production’ means an act or show to display sexuality in a gravely indecent manner of exposure specifically for arousing sexual demeanor.