In 1993 the criminal code was amended to provide for the
creation of a set of child pornography offenses separate from and in addition to
the existing obscenity offenses. It covers any visual
depictions of persons under the age of 18 involved in explicit
sexual acts, the depiction of a "sexual organ" or "anal
region" of a person under 18 or any written or visual
presentation that "advocates or counsels" sexual activity with
a person under the age of 18 that would be an offence under
the Criminal Code. Not merely the distribution, but privately
possessing or even the making of such material is an offense.
It is not enough that the actors or models are over 18, it is
an offense to portray them as though they were not. Under the
law, many of the finest productions of Romeo and Juliet could
be deemed "obscene". If convicted, defendants face up to 10 years in
prison and fines. Exemptions exist for works with artistic merit or an educational, scientific or medical purpose. But the law puts the
burden of proof on the accused."*
|