Criminal Code, section 163.1(2)

Making child sexual abuse material

What the law says

Maximum
14 years
Mandatory minimum
1 year
Kind of offence
Sexual

Indictable only; MMP of 1 year. Section renamed "child sexual abuse and exploitation material" (formerly child pornography) by S.C. 2026, c. 19. Not covered by the Senneville ruling, which addressed only s.163.1(4) and (4.1).

Read the statute on the Justice Laws website

10 cases with this offence

  1. February 6, 2025
    R. v. P.P.A., 2025 BCSC 159Sexual interference; Making child sexual abuse material, New Westminster. Justice Martha M. Devlin
    • Below the Crown's ask
    4 years 6 months in custody (3.5 years and 1 year consecutive), less 1,272 days credit, then 2 years probation
  2. February 22, 2024
    R. v. G.J.H., 2024 BCSC 318Making child sexual abuse material; Distributing child sexual abuse material, Fort St. John. Justice Andrew Majawa
    • Below the Crown's ask
    8 months imprisonment on each count, concurrent, then 18 months probation; DNA order
  3. February 22, 2024
    R. v. Moorehouse, 2024 NSPC 17Making child sexual abuse material; Agreement or arrangement to commit a sexual offence against a child, Enfield. Judge Marc C. Chisholm
    12 months on each of two counts, consecutive, for 24 months' imprisonment
  4. February 16, 2024
    R. v. W.H., 2024 BCSC 336Sexual assault of a person under 16; Invitation to sexual touching; Making child sexual abuse material; Distributing child sexual abuse material; Making sexually explicit material available to a child; Incest, Courtenay. Justice Janet Winteringham
    • Below the Crown's ask
    Long-term offender designation; 18 years in prison (10 years for the sexual offences plus 8 years consecutive for the child sexual abuse material offences) less 1,462 days of credit, followed by a 10-year long-term supervision order
  5. July 6, 2023
    R. v. R.P.P., 2023 BCSC 1818Sexual assault; Making child sexual abuse material; Possessing child sexual abuse material, Kelowna. Justice Sheri A. Donegan
    10 years imprisonment (8 years plus 2 years consecutive, 1 year concurrent), less 27 days credit
  6. January 23, 2023
    R. v. T.A.P., 2023 BCSC 316Sexual assault of a person under 16; Sexual interference; Invitation to sexual touching; Making child sexual abuse material; Incest, Victoria. Justice Kathleen M. Ker
    • Below the Crown's ask
    18 years global (10 + 5 + 3 years consecutive on three counts, others concurrent), less 8 days credit; DNA order, SOIRA 20 years, lifetime s. 109 prohibition
  7. March 25, 2022
    R. v. M.E.T., 2022 BCSC 652Sexual interference; Making child sexual abuse material; Possessing child sexual abuse material, Cranbrook. Justice Sharon Matthews
    7.5 years global (5 years sexual interference, 30 months consecutive making child pornography, 12 months concurrent possession), less 1,196 days credit; DNA, s. 109 order, SOIRA, s. 161 order
  8. March 4, 2022
    R. v. K.M., 2022 BCSC 360Making child sexual abuse material; Breach of an undertaking; Voyeurism, Kamloops. Justice Sheri A. Donegan
    30 months' imprisonment (making child pornography), with 6 months on each of voyeurism and breach of undertaking, all concurrent
  9. August 19, 2021
    R. v. C.P.W., 2021 NSSC 253Sexual interference; Making child sexual abuse material; Possession of a firearm knowing its possession is unauthorized, Yarmouth. Justice Pierre L. Muise
    • Below the Crown's ask
    4 years and 7 months (1,673 days) consecutive: 1,278 days sexual interference, 365 days making child pornography, 30 days firearm; less 21 days credit
  10. July 30, 2021
    R. v. S.J.M., 2021 NSSC 235Sexual assault; Sexual interference; Sexual exploitation of a young person; Making child sexual abuse material, Halifax. Justice Peter P. Rosinski
    9 years in prison (3 years s. 151, 3 years s. 153, 2 years s. 271, 1 year s. 163.1(2), consecutive), less 1,209 days credit

Judges who sentenced this offence

All judges by leniency score

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