立法数据库

Child pornography
13.(1) A person who, knowingly,
(a) publishes child pornography through a computer system; or
(b) produces child pornography for the purpose of its publication through
a computer system; or
(c) possesses child pornography in a computer system or on a computer
data storage medium for the purpose of publication
is guilty of an offence and is liable on conviction on indictment,
(i) in the case of an individual, to a fine of $50 000 or to imprisonment for
a term of 5 years or both; or
(iI) in the case of a corporation, to a fine of $200 000.

(2) It is a defence to a charge of an offence under subsection (1)(i) or (ii) if the
person establishes that the child pornography was for a bona fide research,
medical or law enforcement purpose.
(3) For the purposes of subsection (1),
(a) “child pornography” includes material that visually depicts
(i) a minor engaged in sexually explicit conduct; or
(ii) a person who appears to be a minor engaged in sexually explicit
conduct; or
(iii) realistic images representing a minor engaged in sexually explicit
conduct;
(b) “publish” includes
(i) distribute, transmit, disseminate, circulate, deliver, exhibit, lend
for gain, exchange, barter, sell or offer for sale, let on hire or offer
to let on hire, offer in any other way, or make available in any
way;
(ii) have in possession or custody, or under control, for the purpose
of doing an act referred to in paragraph (a); or
(iii) print, photograph, copy or make in any other manner, whether of
the same or of a different kind or nature, for the purpose of doing
an act referred to in paragraph (a).