163.1 (1) In this section, 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.

(2) Every person who makes, prints, publishes or possesses for the purpose of publication any child pornography is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year.

(3) Every person who transmits, makes available, distributes, sells, advertises, imports, exports, or possesses for the purpose of transmission, making available, distribution, selling, advertising or exporting child pornography is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years, with the minimum punishment of imprisonment for a term of one year.

(4) Every person who possesses child pornography is guilty of:

a) an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year;

or

b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day, with the minimum punishment of imprisonment for a term of six months.

(4.1) Every person who accesses child pornography is guilty of:

a) an indictable offence and is liable to imprisonment for a maximum term of 10 years and to a minimum punishment of imprisonment for a term of one year;

or

b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.

(4.2) For the purposes of subsection (4.1), a person accesses child pornography who knowingly causes child pornography to be viewed by, or transmitted to himself or herself.

162.1 (1) 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, or being reckless as to whether or not that person gave their consent, is guilty

a) of an indictable offence and liable to imprisonment for a term of not more than five years;

or

b) of an offence punishable on summary conviction.

(2) In this section, intimate image means a visual recording of a person made by any means including a photographic, film or video recording

a) 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;

b) in which, at the time of the recording, there were circumstances that gave rise to a reasonable expectation of privacy; and

c) in which the person depicted retains a reasonable expectation of privacy at the time the offence is committed.