Legal Question in Criminal Law in Canada

Are Lolita Sites On The Internet Actually Legal?

Just wondering if the Lolita type web sites found on the World Wide Web are actually legal.?? I had received a junk e-mail which automatically sent me to one. I immediately closed internet explorer but have been worried ever since.

Please assist and let me know if I was just at an illegal site.. Thank you.


Asked on 4/25/02, 8:07 pm

1 Answer from Attorneys

Kenneth Golish Golish, Kenneth W.

Re: Are Lolita Sites On The Internet Actually Legal?

I am not sure what a Lolita site is. If it is a site that contains child pornogaphy or obsenity, it may be illegal in the sense that it violates the laws of the place where the site is located and perhaps as well the places where the site is viewed.

If accessing the site results in your having child pornography placed on your computer, that may or may not create problems for you.

Generally speaking, even the possession of child pornography may be illegal. Whether it is or is not will often depend on whether the depiction of children is real or simulated. However, this area of law is far from clear.

What is clear, is that even a computer file that contains an image of what is actually child pornography will constitute possession of child pornagraphy.

Thus if a computer image that is pornagraphic is placed on your computer unwittingly, you should remove it from your system. However, if you access a site and download pictures from the site or knowingly fail to remove pornagraphic images from you computer, you may be guilty of possession of child pornography.

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Answered on 4/26/02, 2:05 pm


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