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).
10 cases with this offence
- February 6, 2025R. v. P.P.A., 2025 BCSC 159
- 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 - February 22, 2024R. v. G.J.H., 2024 BCSC 318
- Below the Crown's ask
8 months imprisonment on each count, concurrent, then 18 months probation; DNA order - February 22, 202412 months on each of two counts, consecutive, for 24 months' imprisonment
- February 16, 2024R. v. W.H., 2024 BCSC 336
- 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 - July 6, 202310 years imprisonment (8 years plus 2 years consecutive, 1 year concurrent), less 27 days credit
- January 23, 2023R. v. T.A.P., 2023 BCSC 316
- 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 - March 25, 20227.5 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
- March 4, 202230 months' imprisonment (making child pornography), with 6 months on each of voyeurism and breach of undertaking, all concurrent
- August 19, 2021R. v. C.P.W., 2021 NSSC 253
- 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 - July 30, 20219 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
- The Honourable Justice Sheri A. Donegan
- The Honourable Justice Andrew Majawa
- The Honourable Justice Janet Winteringham
- The Honourable Justice Kathleen M. Ker
- The Honourable Judge Marc C. Chisholm
- The Honourable Justice Martha M. Devlin
- The Honourable Justice Peter P. Rosinski
- The Honourable Justice Pierre L. Muise
- The Honourable Justice Sharon Matthews