Child Luring Lawyers In Toronto
Child Luring is a serious offence where any act or behaviour committed against a person who is believed to be under 18 years of age, intended towards sexual exploitation, sexual assault, child pornography or incest, by means of telecommunication.
Child Luring is covered under s.172.1 of the Canadian Criminal code.
Child Luring is considered a hybrid offence; thus, convictions can be made either summarily or by indictment.
The decision of the Crown on how to proceed with the case determines the severity of the charge.
A person found guilty of Child Luring may be liable to a minimum penalty of 6 months, or a maximum penalty of up to 14 years based on the severity of the offence and the election of the Crown.
Key Takeaways
- The severity of the charge for child luring is dependent on whether the Crown elects to proceed summarily or by indictment. Factors such as escalation to aggravated sexual assault may also impact the severity of the sentence on the accused.
- A child luring sentence can range from 6months to life imprisonment depending on the severity of the secondary offences as well as the election of the crown.
- Bail conditions may include denial of access to the internet, restriction of access to public spaces where minors may be present, as well as restriction of access to the victim.
- Our experts at Strategic Criminal Defence provide excellent defence strategies to enable the accused beat child luring charges.
How can a Child Luring Lawyer in Toronto help?
A child luring charge can have a very grave impact on society’s perception of the accused. It is therefore imperative that the services of a good lawyer are employed in good time. Being experts in navigating the Criminal Justice system and court procedures, our team of experts at Strategic Criminal Defence offer precharge legal advice to equip the accused with relevant information on their rights, as well as guidance on how to interact with the victim, their family, and law enforcement agents to ensure that s/he does not make self-indicting statements.
Legal assistance will also be provided to gather evidence and interview witnesses to ensure that the facts of the case are presented in a manner that strengthens the defence. Were necessary, expert witnesses may also be retained to ensure effective representation at trial.
Child Luring Charge in the Criminal Code of Canada
The child luring laws in the criminal code are intended to ensure that children under 18years are protected from internet sexual exploitation and abuse. The law categorizes minors into 3 significant ages; under 14, under 16, and under 18. Thus, a person can be convicted of luring a child if the offence is perpetuated against a person who falls within the afore-mentioned ages.
The sections quoted in s.172.1 refer to all charges of sexual exploitation against minors including; sexual assault, abduction, invitation to sexual touching, indecent exposure, exposure to bestiality, etc., of persons under the ages of 16 & 14.
Examples of Child Luring Charges
A person can be charged for child luring for any of the following reasons;
- Grooming a minor online with gifts, etc., with intent to win their trust and exploit them sexually
- Arranging to meet a minor in person for sexual purposes
- Requesting sexual pictures or videos from a person who is under 18
- Creating a fake online profile or social media handle to communicate with a minor and entice them to sexual activity
- Sending indecent, nude or sexually explicit pictures or videos to a person who is under 18
Consequences of a Child Luring Charge
Child Luring is considered a very serious offence and the severity of the charge upon conviction is dependent on whether or not the Crown elects to proceed by summary conviction or by indictment.
According to s.172.1 (2), the charges for child luring upon conviction are as follows:
- Summary Conviction: Minimum = 6months; Maximum = 2 years less a day
- Conviction by Indictment: Minimum = 1 year; Maximum = 14years
Depending on the secondary offence referred to in the charge, the accused may also be liable to life imprisonment sentence especially where the secondary offence involves aggravated sexual assault. Other factors such as the difference in age between the offender and the victim, substantial grooming behaviour, production of child pornography, as well as duration of communication with the minor, may have considerable impact on the severity of the charge as well as the penalty.
A child luring conviction could also be detrimental to the future of the accused because of life changing restrictions and sanctions that may be imposed on the person. For instance, the accused may be permanently restricted from internet use and may be made to forfeit gadgets as well as computer equipment in their possession. The offender may also be banned from visiting public spaces where they are likely to come in contact with minors such as parks, schools, etc. Immigration to other countries as well as employment opportunities may also be affected. The offender may also be placed on the Toronto as well as National sex offender registry ranging from 10years to life.
Child Luring Charge Defences
Considering the far-reaching consequences of a child luring charge on the accused, it is of utmost importance that good defence is put up at trial, and this can only be achieved through the services of an expert lawyer. In this case, the best strategy would be to provide sufficient doubt that there was sexual intent contained in the online conversation.
Due to the technicalities of the case, most of the defence strategies will be based on the specific facts and incidences surrounding the case such as:
- Presumption of Age: The defence can plead presumption of age if there is sufficient evidence to proof that the victim was presented to the accused to be above the ages of 14, 16, or 18 as the case may be, and that the accused had substantial reason to belief that the victim was not a minor. However, according to s.172.1 (4) of the Criminal Code, this plea can only be considered a suitable defence if there is substantial proof that the accused took all reasonable and necessary steps to ascertain that the victim is not a minor.
- Entrapment: Another plausible defence could be that the accused was induced by the police to commit or admit to a crime that s/he was not involved in. This can happen in cases where police officers go undercover and pose as minors to investigate possible internet crimes such as child luring, or where there is grounds for suspicion that the accused was engaging in such. The defence lawyer will have to proof that there were no grounds for suspicion, or that the police officer went out of his/her way to incite the accused to commit the offence. This defence cannot be raised until the prosecution has proven all other elements of the case.
- Lack of Intention/False evidence: An expert Lawyer may also be able to proof that there was no intention of luring the minor into sexual activity and that the content of the discussions were misunderstood or misrepresented. This defence can hold if the defence provides sufficient evidence to the fact that the messages were not sent by the accused, that someone else was impersonating the identity of the accused, or that pictorial evidence such as screenshots of chats were not accurate or had been tampered with.
- Available Charter Defences: Where the accused was not properly informed of his rights by the Law enforcement agents, or the rights as outlined in the Constitutional Charter of Rights & Freedoms were violated, a lawyer may be able to make a defence on these grounds.
Child Luring Charge Investigation
Considering the sensitivity of the crime, investigation may only begin when a reasonable adult such as a parent or guardian makes a complaint at a Local Police station, or when the Police have good reason to suspect that a person is engaging in child luring activities online.
Upon narrowing down the potential suspects, the Police may want to verify the location of the suspect, number of residents at the location, ownership of the device and whether or not the accused has sole access to the device. The Police may also want to find out the number of internet enabled devices available to the accused, password to the devices, and whether or not the apps mentioned in the complaint are available on the said devices. Where necessary, further steps may be taken to confiscate the devices for thorough investigation.
Upon confiscation, the services of digital forensic experts may be employed to analyze digital footprints on the devices such as IP addresses and communication records. Other experts may also be employed to study the communication process to ascertain whether or not the conversations contained grooming behaviours by the accused such as monetary or physical gifts, or statements made with intent to build trust or create emotional bonds whereupon the victim could be manipulated towards sexual acts. Further studies may also be done to identify differences in the online and offline persona of the accused, as well as the duration and extent to which the conversations have occurred.
Where there is sufficient evidence tending towards child luring, the Police may proceed to make an arrest and charge to court.
Bail Conditions for Child Luring Charges
The crime of child luring is an offence against minors requiring that a bail hearing be held. The bail hearing will ideally be held within 24 hours upon arrest, however, whether or not the accused will be granted bail depends on the gravity of the secondary offences the person is being charged for, if there is a pre-existing criminal record, and whether or not the prosecution and defence lawyers are able to agree on a reasonable release plan.
Some restrictions such as denial of internet access, living with a residential surety, denial of access to public spaces where the accused is likely to come in contact with minors, as well as restriction from contacting the victim, may be imposed. Bail will not be granted if there is reason to belief that the accused will run away, or that the accused poses a threat to society.
Frequently Asked Questions: Child Luring
Will a child luring case show on my criminal record while the case is ongoing?
Yes, a child luring charge may appear on the criminal records of the accused while the case is ongoing. The accused may already have their name published in the media for being charged with a child luring offence, and the record may also show during background checks.
Will a child luring case show on my criminal record after the case is done?
Yes, if a person is convicted for child luring, the case will appear on the criminal records and will be accessible to Law enforcements agents, employers, etc.
How long does a child luring case take?
The length of a child luring case is dependent on the facts surrounding the case as well as the court’s schedule and the duration for conclusion of investigations. Generally, the process may last between a few months and 2years.
Can I go to jail for child luring?
Yes, it likely a person will go to jail if they are convicted of child luring, however the duration of the sentence may vary depending on if the conviction was made summarily or by indictment, the nature of the secondary offences, and the criminal record of the offender.
Related Offences
- Child Pornography: Refers to accessing, possessing, distributing, and making pictures or videos of a child engaging in sexual acts or for sexual purposes.
- Sexual Assault: Sexual assault refers to any kind of unwanted activity, and may include a variety of sex related charges such as aggravated sexual assault and sexual assault with a weapon.
- Voyeurism: This involves secretly watching or observing persons who are nude, about to have sex, or are already in the process of having sex.
