What is making child pornography?
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What is “making” child pornography?
Making child pornography is a serious crime that is punishable under section 163.1(2) of the Criminal Code. To be convicted of this offence, the crown prosecutor must prove beyond a reasonable doubt that the accused intentionally created, printed, published, or possessed child pornography for the purpose of publishing it.
According to Alberta’s courts, making child pornography means either creating “novel” child pornography, or creating a copy of existing child pornography to publish or distribute it. Novel child pornography is different from pre-existing child pornography. Simply changing the format of child pornography with no intent to publish or distribute it is not considered making child pornography, although accessing and possessing child pornography are also crimes.
Committing any of the four offences under section 163.1 of the Criminal Code constitutes a child pornography crime.