What kind of crime is this?

Distributing an intimate image without consent is a criminal offence. Section 162.1 of the Criminal Code states, “Everyone who knowingly publishes, distributes, transmits, sells, makes available or advertises an intimate image of a person, knowing that the person depicted in the image did not give their consent, to that conduct, or being reckless as to whether or not that person gave their consent that conduct is guilty of this offence.”

The Criminal Code further describes an intimate image as “a visual recording of a person made by any means including a photographic, film or video recording,”

– In which the person is nude, is exposing his or her genital organs or anal region or her breasts or is engaged in explicit sexual activity;

– In respect of which, at the time of the recording, there were circumstances that gave rise to a reasonable expectation of privacy; and

– In respect of which the person depicted retains a reasonable expectation of privacy at the time the offence was committed.

Section 163.1 makes it illegal for any person to access or possess child pornography, or “makes, prints, publishes or possesses for the purpose of publication.”

Child pornography is described as:

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

– 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 – 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 18 years.