These are among the most serious offences in the Criminal Code, addressing the making, possession, accessing, and distribution of material depicting the sexual abuse and exploitation of children. This guide explains how these offences are defined under section 163.1, recent changes to the terminology used in the law, potential penalties, and what generally happens after this kind of charge in Ontario. It is general legal information, not legal advice about a specific case.
A Note on Terminology
As of October 2025, federal legislation officially replaced the term "child pornography" with "child sexual abuse and exploitation material," reflecting a recognition that the older term could be misunderstood as suggesting something resembling legal adult content, when the material in question documents the sexual abuse and exploitation of children. This terminology change did not alter the underlying definition or the conduct that is prohibited under section 163.1 of the Criminal Code. This page uses the updated terminology while noting the former term, since many people are still more familiar with it.
What the Law Prohibits
Section 163.1 of the Criminal Code defines this material broadly to include visual representations that show a person who is, or is depicted as being, under the age of 18 and is engaged in explicit sexual activity, or that show the sexual organs or anal region of a person under 18 for a sexual purpose. The definition also extends to written material and audio recordings that advocate or counsel sexual activity with a person under 18 that would itself be an offence. The material does not need to depict a real, identifiable child in every circumstance; certain computer-generated or drawn representations can also fall within the definition, depending on the specific content.
The Four Types of Offences
Section 163.1 creates several distinct offences: making this material, including producing, printing, or publishing it; distributing, transmitting, selling, or making it available; possessing it; and accessing it, which covers deliberately viewing material online even without downloading or saving it. Each of these carries its own penalty structure, with making and distribution generally treated as the most serious.
Classification and Penalties
Section 163.1 Offences at a Glance
- Classification
- Hybrid offences (Crown elects summary conviction or indictment)
- Maximum penalty – making or distribution
- Up to 14 years on indictment
- Maximum penalty – possession or accessing
- Up to 10 years on indictment
- Mandatory minimum – possession or accessing, indictment
- 1 year imprisonment
- Mandatory minimum – possession or accessing, summary conviction
- 6 months imprisonment
These figures reflect the Criminal Code as of this page's last update. See the next section for important recent changes affecting these mandatory minimums. A criminal lawyer can confirm the current state of the law for a specific case.
Mandatory Minimums and Recent Legislative Changes
The mandatory minimum sentences for possession and accessing this material were struck down as unconstitutional by the Supreme Court of Canada in Quebec (Attorney General) v. Senneville (2025), meaning they were not being enforced for a period of time. In June 2026, Parliament's Protecting Victims Act (Bill C-16) restored these mandatory minimums, along with a general "judicial safety valve" that allows a judge to impose a lower sentence only in the rare case where the mandatory minimum would be grossly disproportionate for that specific offender, while still requiring a custodial sentence. Most of these changes took effect in July 2026. Because this is a very recent and significant legislative change, a criminal lawyer can confirm exactly how it applies to a specific case.
These charges are prosecuted with a high degree of seriousness by Ontario Crown attorneys, and convictions carry long-term consequences beyond the sentence itself, including mandatory sex offender registration. Anyone facing an investigation or charge in this area should retain a criminal lawyer immediately.
How This Relates to Other Sexual Offences
These offences frequently arise alongside internet-related sexual offences such as child luring, particularly where an investigation begins with online communication and expands to include material found on a device. Where actual physical contact with a child occurred, separate charges such as sexual interference may also apply. The 2026 expansion of the definition of "intimate image" to include AI-generated content, discussed on our internet-related sexual offences page, can also intersect with this area where the depicted person is, or appears to be, under 18.
Investigations in this area are often initiated through specialized national and international law enforcement efforts that identify material through hash-matching technology and internet service provider reports, meaning a person can become aware of an investigation, sometimes through a search warrant executed at their home, without any prior warning.
Possible Defences
Defending these charges often focuses on whether the Crown can prove the accused knowingly possessed or accessed the material, since material can sometimes end up on a shared device or network without a specific person's knowledge or control. The Criminal Code also includes limited, specific defences, including for material with legitimate artistic, educational, scientific, or medical purposes, that apply only in narrow circumstances. Given the technical nature of digital evidence in these cases, involving forensic analysis of devices and networks, a criminal lawyer experienced in this area, often working with a digital forensics expert, should review the full disclosure before advising on possible defences.
What Happens After This Charge
A person charged under section 163.1 is very unlikely to be released without a contested bail hearing, with conditions typically including restrictions on internet use, device possession, and contact with minors. The case then proceeds through the standard court process, including extensive disclosure of forensic evidence, before moving toward a resolution or a trial. See our sentencing overview and criminal records overview for more, including information on sex offender registration requirements that follow a conviction.
Frequently Asked Questions
Why did the legal term change from "child pornography"?
As of October 2025, federal law replaced this term with "child sexual abuse and exploitation material" to better reflect that this material documents the sexual abuse of children, rather than something resembling legal adult content. The change did not alter what conduct is illegal.
Can I be charged just for accidentally viewing this material online?
The offence of accessing requires that the person knowingly and deliberately viewed the material. Genuinely accidental exposure, without deliberate viewing, is a significant issue that a criminal lawyer can help address based on the specific circumstances, including browser and device history.
What if this material was found on a shared computer or network?
The Crown must prove the accused knowingly possessed or accessed the material. Whether that can be established on a shared device depends heavily on the specific technical evidence, including user account activity and device usage patterns.
Is the mandatory minimum sentence currently being applied?
The mandatory minimums for possession and accessing were found unconstitutional by the Supreme Court of Canada in 2025, but were restored, with a narrow judicial safety valve, by the Protecting Victims Act in 2026. A criminal lawyer can confirm the current, applicable rule for a specific case.
Does a conviction require sex offender registration?
Yes, generally. A conviction under section 163.1 typically triggers mandatory registration requirements. See our criminal records overview for more on the broader consequences of a conviction.