Bill C-404
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2nd Session, 40th Parliament,
57-58 Elizabeth II, 2009
house of commons of canada
BILL C-404
An Act to amend the Criminal Code (failure to prevent access to child pornography)
R.S., c. C-46
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. Section 163.1 of the Criminal Code is amended by adding the following after subsection (4):
Failure to prevent access to child pornography
(4.01) Every person who possesses any child pornography and who permits any other person to have access to it by any means, or who fails to take reasonable steps to ensure that it is at all times kept in such a way as to prevent any other person from obtaining access to it, in whole or in part, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years and to a minimum punishment of imprisonment for a term of three years.
Reasonable steps
(4.02) For the purposes of subsection (4.01), the reasonable steps are those that would be normal for a prudent person to take to prevent any other person from obtaining access to the child pornography by accident or by any means that constitutes an offence under this Act.
Published under authority of the Speaker of the House of Commons
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Available from:
Publishing and Depository Services
Public Works and Government Services Canada