Child Pornography Lawyer Toronto

What Is Child Pornography Under Ontario Law? 

Child pornography is defined under Section 163.1 of the Criminal Code of Canada and includes the creation, distribution, possession, and access of explicit images or videos involving minors. The law also covers digital and online content, making it crucial to understand the potential legal risks associated with internet use. 

Common Child Pornography Offenses 

1. Possession of Child Pornography: Having explicit materials involving minors stored on a computer, phone, or any other device. 
2. Distribution of Child Pornography: Sharing or transmitting such materials through email, social media, messaging apps, or file-sharing platforms. 
3. Accessing Child Pornography: Viewing such materials online, even if not downloaded or stored. 
4. Making or Producing Child Pornography: Creating explicit content involving minors, which carries the harshest penalties. 
5. Failure to Report: Professionals and individuals in certain roles are legally required to report suspected child pornography offenses. 

Your Rights When Facing Child Pornography Charges 

If you are charged with a child pornography offense, you have important legal rights, including: 

• Presumption of Innocence: You are innocent until proven guilty beyond a reasonable doubt. 

• Right to Legal Representation: You have the right to consult with a lawyer before making any statements. 

• Right to Remain Silent: You are not required to answer police questions beyond providing basic identification. 

• Right to a Fair Trial: You can challenge the charges, present evidence, and cross-examine witnesses. 

Why Choose Kozyrev Law P.C. for Child Pornography Cases? 

Extensive Experience in Criminal Defense 

Our legal team has successfully defended clients facing complex and serious criminal charges, including child pornography offenses. We understand the stakes involved and are committed to providing a strong legal defense. 

Personalized Defense Strategies 

We develop customized defense strategies based on factors such as: 

• The source and nature of the alleged material. 

• Whether there was intent to possess, distribute, or access the material. 

• The legality of the search, seizure, and handling of digital evidence. 

• Whether the accused was knowingly in possession of the content. 

Thorough Investigations 

We conduct a detailed review of your case, including: 

• Examining police reports and search warrants. 

• Reviewing digital forensic evidence and electronic devices. 

• Challenging the validity of digital evidence and investigative methods. 

Aggressive Court Representation 

Whether negotiating with prosecutors or representing you in court, we fight aggressively to protect your rights and seek the best possible outcome for your case. 

Steps in Handling a Child Pornography Case 

Step 1: Free Consultation 

During your free consultation, we will: 

• Review the charges against you. 

• Assess potential defense strategies. 

• Provide a clear roadmap for your case. 

Step 2: Evidence Gathering 

Our team will collect and analyze key evidence, including: 

• Police reports and digital forensic evidence. 

• Witness statements and search warrant details. 

• Any procedural errors or rights violations. 

Step 3: Pre-Trial Negotiations 

We will negotiate with the prosecution to seek a reduction or dismissal of charges whenever possible. 

Step 4: Trial Representation 

If your case goes to trial, our experienced lawyers will build a strong defense, challenge the prosecution’s evidence, and advocate for your best interests. 

Challenges in Child Pornography Cases 

Digital Evidence and Its Reliability 

Many child pornography cases rely heavily on electronic evidence. We challenge the prosecution’s case by: 

• Questioning the accuracy of digital forensic analysis. 

• Determining whether the accused had actual knowledge of the content. 

• Identifying possible hacking, malware, or unauthorized access to devices. 

False Accusations and Misunderstandings 

In some cases, individuals may be falsely accused due to: 

• Shared computer access leading to unintentional possession. 

• Accidental downloads from websites or spam attachments. 

• Mistaken identity in online activity. 

We work to expose false accusations by presenting evidence that contradicts the prosecution’s case. 

Violation of Rights 

If law enforcement violated your Charter Rights, such as conducting an unlawful search or failing to provide legal counsel, we can argue for the exclusion of evidence or case dismissal. 

Frequently Asked Questions About Child Pornography Cases 

What Are the Penalties for Child Pornography in Ontario?

Penalties depend on the severity of the offense and prior criminal history, and may include: 

• Possession: Minimum sentence of 6 months to 5 years in prison. 

• Distribution: Minimum sentence of 1 year to 14 years in prison. 

• Production: Minimum sentence of 1 year to life imprisonment. 

• Additional Consequences: Mandatory registration as a sex offender, probation, and social stigma. 

Can Child Pornography Charges Be Dropped?

Yes, charges may be withdrawn or dismissed if: 

• The digital evidence was mishandled or improperly obtained. 

• The accused did not knowingly access or possess the content. 

• The prosecution determines there is no reasonable prospect of conviction. 

What Should I Do If I Am Arrested for Child Pornography?

• Remain Silent: Do not make statements to the police without a lawyer present. 

• Request a Lawyer: Contact an experienced criminal defense lawyer immediately. 

• Avoid Discussing the Case: Do not talk about the charges with anyone, including online. 

Can Internet Browsing History Be Used as Evidence?

Yes, browsing history, downloads, and digital footprints can be used as evidence. We analyze all digital evidence to build a strong defense and identify potential technical errors or unauthorized access. 

Protecting Your Rights in a Child Pornography Case 

1. Seek Legal Counsel Immediately: Contact a lawyer as soon as possible to protect your rights. 
2. Preserve All Evidence: Collect and safeguard any documentation related to your arrest. 
3. Avoid Self-Incrimination: Refrain from discussing your case with anyone other than your lawyer. 
4. Follow Legal Procedures: Adhere to court orders and deadlines to avoid additional penalties. 

Contact Kozyrev Law P.C. Today 

If you are facing child pornography charges in Toronto, Kozyrev Law P.C. is here to help. Our experienced legal team will fight to protect your rights and provide strong, compassionate support every step of the way. 

Phone: (416) 900-0933 

Email: info@kozyrevlaw.ca 

Location: Serving clients across Toronto and the Greater Toronto Area 

Take the first step toward defending your freedom. Contact Kozyrev Law P.C. today for a free consultation and let us help you through this challenging time.