POLICE ASSOCIATION OF NOVA SCOTIA 69 The Criminal Code of Canada contains numerous criminal offences relating to all forms of child sexual exploitation. What is child pornography? The Criminal Code broadly defines “child pornography” as: • Any visual representation that shows a person who is or is depicted as being under 18 years of age and is engaged in or depicted as engaged in, explicit sexual activity; • Any visual representation whose dominant characteristic is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under 18 years; • Written material, visual representation or audio recording that advocates or counsels unlawful sexual activity with a person under 18 years; or • Written material or audio recording that has, as its predominant characteristic, the description of prohibited sexual activity with persons under 18 years where that description is provided for a sexual purpose. The Criminal Code makes it an offence to: • possess any child pornography; • access any child pornography; • make, print, publish or possess for the purpose of publication any child pornography; • transmit, make available, distribute, sell, import or possess for the purpose of transmitting, making available, distributing, selling or importing any child pornography. Recent reforms to the Criminal Code enhanced the penalties for those convicted of child sexual exploitation offences, including child pornography. Individuals who have been convicted of a child pornography offence will be sentenced to a mandatory minimum period of imprisonment and are no longer able to receive a conditional sentence (i.e., house arrest). The maximum penalty for possessing or accessing child pornography on indictment is five years imprisonment with a mandatory minimum penalty of 45 days imprisonment; the maximum penalty on summary conviction is eighteen months imprisonment with a mandatory minimum of fourteen days imprisonment. For all other child pornography offences, the maxmimum penalty, on indictment, is ten years imprisonment and the minimum penalty is one year imprisonment. On summary conviction, the maximum penalty is eighteen months imprisonment and the minimum penalty is ninety days imprisonment. These offences also apply to the distribution of child pornography over the Internet, including via e-mail, and by posting material on websites. Luring Canadian law also criminalizes luring a child over the Internet. It is an offence to use a computer system, such as the Internet, to communicate with a young person for the purpose of facilitating the commission of a sexual or abduction offence against that young person. This offence carries a maximum penalty of five years imprisonment, on indictment and six months imprisonment on summary conviction. Child Sex Tourism Child sex tourism is the practice of individuals who travel to foreign countries to engage in sexual activity with children. Canadian citizens or permanent residents who engage in prohibited sexual activity with children while abroad can be prosecuted in Canada for these offences. Child Prostitution The Criminal Code prohibits prostitution involving persons under the age of eighteen years of age. It is an offence for a person to live on the avails of the prostitution of a person under the age of eighteen. This offence is punishable by a maximum penalty of fourteen years imprisonment and by a minimum penalty of two years imprisonment. The minimum penalty is increased to five years imprisonment where the young person has been compelled to engage in prostitution through the use of or threats of violence, coercion or intimidation. The Criminal Code also prohibits a person from communicating or obtaining for consideration the sexual services of a person under the age of eighteen years. This offence carries a maximum penalty of five years imprisonment and a minimum penalty of six months imprisonment. Criminal Code Industry Canada industrie Canada