Indecent Images Lawyer

Charged with Distributing an Indecent Image?

If you’ve been charged with Distributing an Indecent Image in Ontario, you are facing a serious criminal offence under s. 162.1 of the Criminal Code. Your next step is to retain an Indecent Images Lawyer as soon as possible to begin preparing your defence.

What are the elements of the offence?

The offence of distributing intimate images is primarily governed by section 162.1 of the Criminal Code of Canada. The key elements of this offence include:

The act of knowingly publishing, distributing, transmitting, selling, making available, or advertising an intimate image of a person.
The knowledge or recklessness regarding the lack of consent from the person depicted in the image.
The definition of intimate image includes visual recordings where the person is nude, exposing genital organs, anal region, or breasts, or engaged in explicit sexual activity, and where there was a reasonable expectation of privacy at the time of recording and distribution Criminal Code, SECTION 162.1 Publication, etc., of an intimate image without consent.

Consult with an Indecent Images Lawyer for a more detailed understanding of what the Crown has to prove for this offence in order to better prepare an effective defence.

What are the Potential Penalties for Distributing an Intimate Image?

If prosecuted as an indictable offence, the individual is liable to imprisonment for a term of not more than five years.
If prosecuted by summary conviction, the punishment can be less severe but still significant.
Sentencing typically emphasizes deterrence and denunciation, often resulting in conventional incarceration R. v. Haines-Matthews, [2018] A.J. No. 1363.

The potential punishments for this offence are severe, reflecting the serious nature of the violation. An individual convicted of this offence as an indictable offence faces a maximum imprisonment term of five years: R. v. Boucetta, [2024] O.J. No. 931. Even when prosecuted by summary conviction, the penalties remain significant. The courts have consistently emphasized the principles of deterrence and denunciation in sentencing, often resulting in conventional incarceration to address the substantial psychological and privacy harms inflicted on victims: R. v. Haines-Matthews, [2018] A.J. No. 1363.

Given the risk of jail time for the offence, you should review your case with an Indecent Images Lawyer in Ontario today.

What are Potential Defences to This Offence?

One primary defence is the lack of intent to distribute the intimate image. If the person can prove that they did not intend to distribute the image, they may not be held liable. Another defence is the belief in having consent. If the distributor honestly and reasonably believed that they had the consent of the person depicted in the image at the time of its distribution, this can serve as a valid defence. These defences provide avenues for individuals accused of distributing intimate images to argue their case, depending on the specific circumstances and jurisdiction involved. You must review your specific case with an Intimate Images Lawyer in Ontario in order to develop a specific defence strategy.