R.S., c. C-
46 Criminal Code
1 The Criminal Code is amended by adding the following after section 163: Definition of sexual assault material 163.01 (1)
In this section, sexual assault material means a visual recording made by any means, including a photographic, film or video recording, that depicts in an explicit and realistic way non-consensual sexual intercourse or any other activity of a sexual nature that violates a person’s sexual integrity. Making sexual assault material (2)
Every person who knowingly makes, prints, publishes or possesses for the purpose of publication sexual assault material is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years or to a fine of not more than $100,000, or to both. Distribution, etc. of sexual assault material (3)
Every person who knowingly transmits, makes available, distributes, sells, advertises, imports, exports or possesses for the purpose of transmission, making available, distribution, sale, advertising or exportation sexual assault material is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years or to a fine of not more than $100,000, or to both. Possession of sexual assault material (4)
Every person who knowingly possesses sexual assault material is guilty of (a) an indictable offence and is liable to imprisonment for a term of not more than five years or to a fine of not more than $50,000, or to both; or (b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day or to a fine of not more than $20,000, or to both. Accessing sexual assault material (5)
Every person who accesses sexual assault material is guilty of (a) an indictable offence and is liable to imprisonment for a term of not more than 10 years or to a fine of not more than $50,000, or to both; or (b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day or to a fine of not more than $20,000, or to both. Interpretation (6)
For the purposes of subsection (5), a person accesses sexual assault material if they knowingly cause it to be viewed by, or transmitted to, themselves. Aggravating factor (7)
If a person is convicted of an offence under this section, the court that imposes the sentence shall consider as an aggravating factor the fact that the person committed the offence with intent to make a profit. Defence (8)
It is not a defence to a charge under subsection (2) that the accused believed that the activity depicted was consensual, unless the accused took all reasonable steps to ascertain that it was consensual and, if it was consensual, to ensure that the material did not depict the activity as being non-consensual. Defence (9)
No person shall be convicted of an offence under this section if the conduct that forms the subject-matter of the charge has a legitimate purpose related to the administration of justice or to science, medicine, education or art.
