A local man was sentenced to nine months jail Thursday for making child pornography available on the Internet.

Mark Hopkin's custodial term will be followed by three year's probation, the maximum permitted under the Criminal Code of Canada.

“In dealing with offences of this nature the court must place emphasis on the aspects of general deterrence and denunciation,” Ontario Court Justice Andrew Buttazzoni said.

He said he's satisfied such a sentence is warranted, even though Hopkin, 30, has no prior criminal record.

“This is the type of offence that is aggravated by the fact that it involves exploitation of children,” the judge said.

The court heard Monday, when Hopkin pleaded guilty to the charge, that he was nabbed last year in a city police online child pornography investigation.

His activities were discovered by an officer with the Sault Ste. Marie Police Service's technological crime unit, who was monitoring peer-to-peer file sharing networks.

A forensic analysis of Hopkin's laptop found 61 photo images that fit the definition of child pornography. Twenty-eight were unique, the remainder duplicates.

A hundred and nine movies, 100 of which were unique, also were discovered.

While on probation, Hopkin will be bound by 10 restrictive conditions, including many limiting his access to computers, cellphones, cameras, the Internet and any other electronic or digital devices.

He also must permit police and his probation officer to come into his residence, between the hours of 8 a.m. and 8 p.m., seven days a week, for random inspections of all electronic devices in the home.

On Monday, his lawyer Trevor Simpson expressed concern about that condition, suggesting it basically gives up all Hopkin's rights to privacy.

Assistant Crown attorney Kelly Weeks countered that the nature of the crime called for such a condition.

“We're dealing with a unique type of charge, something that is done surreptitiously in the confines of the home.''

She told Buttazzoni that she wanted to call some evidence if he was considering changing the condition.

Buttazzoni decided to adjourn the matter until Thursday because of the lateness of the hour and the serious impact of the condition on Hopkin and future cases.

On Thursday, he said he had met with the lawyers in his chambers prior to court and had been provided with cases with similar clauses for similar type of offences.

“We are content with the condition,” Simpson said. “It seems appropriate in the circumstances.''

Other conditions in the probation order include a prohibition from being in the company of anyone under the age of 18, unless the person is a family member, and he has the permission of the child's legal guardian, and the written permission of his probation officer.

As well, Hopkin must take any assessment and counselling for sexological behaviour recommended by his probation officer.

Buttazzoni ordered him to report to the national sex offender registry for 10 years.

Hopkin must also stay away from parks and swimming areas, where there are persons under the age of 16, as well as schoolyards, daycare centres, playgrounds and community centres, for the same amount of time.

That order also prohibits him from having any employment, or volunteering, in a capacity that involves being in a position of trust or authority toward anyone under 16 years of age.

Hopkin is banned from using a computer to communicate with anyone under the age of 16.

Both of these prohibitions are for 10 years, as well.