Policy Number:                    Policy Subject:

 

LE-036                         CHILD PORNOGRAPHY
(INTERNET CHILD EXPLOITATION)

 

LEGISLATIVE REFERENCE / AUTHORITY

Ontario Adequacy Standards Regulation 3/99, section 29.

DATE APPROVED

25 July 2005

DATE REVIEWED

October 2010

DATE AMENDED

 

DATE TO BE REVIEWED

2013

REPORTING REQUIREMENT

Annual compliance reporting

 

DEFINITIONS

 

Child Pornography

In section 163.1 of the Criminal Code, child pornography means:

a)        A photographic, film, video or other visual representation, whether or not it was made by electronic or mechanical means;

             i.          that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or

            ii.          the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years;

b)        any written material, visual representation or audio recording that advocates or counsels sexual activity with a person under the age of eighteen years that would be an offence under this Act;

c)         any written material whose dominant characteristic is the description, for a sexual purpose, of sexual activity with a person under the age of eighteen years that would be an offence under this Act; or

d)        any audio recording that has as its dominant characteristic the description, presentation or representation, for a sexual purpose, of sexual activity with a person under the age of eighteen years that would be an offence under this Act.

 

The Criminal Code makes it an offence to:

a)        make, print, publish or possess for the purpose of publication any child pornography (section 163.1(2));

b)        transmit, make available, distribute, sell, advertise, import, export or possess for the purpose of transmission, making available, distribution, sale, advertising or exportation any child pornography (section 163.1(3));

c)         possess any child pornography (section 163.1(4));

d)        access any child pornography (section 163.1(4.1)).

 

Child Luring

Section 172.1 of the Criminal Code prohibits the use of computers to communicate with an underage person or a person whom the accused believes to be underage for the purpose of facilitating the commission, with respect to that person, of the specified sexual offences.

 

BOARD POLICY

 

It is the policy of the Ottawa Police Services Board with respect to child pornography investigations that the Chief of Police will:

 

a)    dDevelop and maintain procedures that require that investigations be undertaken in accordance with the police service’s criminal investigation management plan; and

b)    require that the Ontario Provincial Police Child Pornography Unit be immediately notified Notify the Provincial Strategy to Protect Children from Sexual Abuse and Exploitation on the Internet (Provincial Strategy) in all cases of suspected child pornography (Internet child exploitation); and

c)    Ensure support is provided to manage the psychological well-being of members to acknowledge risks associated with long-term effects from exposure to Internet child exploitation investigation-related activities; and

d)    Ensure that the police service’s skills development and learning plan addresses the training for child pornography (Internet child exploitation) investigators either through formal training or work under the supervision or in consultation with a trained investigator.