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Bill C-425

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1st Session, 37th Parliament,
49-50 Elizabeth II, 2001-2002

House of Commons of Canada

BILL C-425

An Act to amend the Criminal Code (keeping child pornography in a manner that is not reasonably secure from access by others)

R.S., C-46

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. Subsection 163.1 of the Criminal Code is amended by adding the following after subsection (4):

Child pornography created by accused

(4.1) Every person who possesses any child pornography that was created by the person or obtained from another source and permits any other person to have access to it by any means or 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

    (a) an indictable offence and liable to imprisonment for a term not exceeding five years; or

    (b) an offence punishable on summary conviction.

Reasonable steps

(4.2) For the purposes of subsection (4.1), the reasonable steps must be 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.