Child Luring Lawyers in Calgary
Child luring offences are covered by s. 172.1 of the Criminal Code.
Child luring covers any offence where an accused uses telecommunication to communicate with another, who the accused believes to be a minor, with the intentions of committing an action that is an offence under certain other sections of the Criminal Code.
The maximum punishment for a child luring offence is no more than 14 years.
Child luring is a hybrid offence with a Crown election on the type of proceedings. This means that, depending on the circumstances of your case, the Crown can elect to proceed either by indictment or summarily.
If the Crown elects to proceed by indictment, there is a defence election of court under s. 536(2) of the Criminal Code, which means the accused can choose whether they would like to be tried by a judge alone or by a judge and jury.
Key Takeaways
- Child luring charges are serious offences that can either be prosecuted summarily or by indictment.
- The maximum punishment for a child luring offence is no more than 14 years in jail if prosecuted by indictment. If prosecuted summarily, the maximum punishment is no more than two years less a day in jail. Either way, the punishment does involve some jail time, as the absolute minimum is a term of six months in jail.
- Bail is a right that every accused has, as long as they are able to prove that they will not breach it or that they are not a flight risk.
- Your lawyer will help you beat the charges through the entire process and into trial. There are many defences available and your lawyer will help find the best and most suitable ones for your situation.
How can a child luring lawyer in Calgary help?
A child luring lawyer in Calgary can help by advising you on what to do in your court file from talks with the police, being arrested or charged, into trial and beyond that.
Your lawyer will explain all the steps to you, advise you on how to proceed, and help you out with possible defences.
Your lawyer will be able to give you legal advice that will help you make the right decisions for you even before you are charged, and will be able to potentially protect you from incriminating yourself.
Your lawyer will also take over communications with police on your behalf to make sure you are protected from any legal repercussions and to make sure that police only receive the necessary information from you.
Moreover, your lawyer will work with you to gather all the evidence required in order to be able to discuss with you on what you should or want to do, considering all of the options available. This work will involve interviewing witnesses and retaining expert witnesses that will be able to create stronger defences for you, which will in turn lower the punishments you may face.
With a lawyer, you will be able to navigate the criminal justice system with ease, from court attendances to speaking with members of the court, and moving the process along expeditiously. Your lawyer will also help you during your trial by representing you, speaking with you to figure out how to proceed and how you would like to proceed. A child luring lawyer will also look at potential options for you to reduce your sentence, or get you out of jail, such as bail conditions.
Child Luring Charge in the Criminal Code of Canada
Child luring, under s. 172.1, is described within the Criminal Code as an offence that occurs when an individual uses telecommunications of any form to communicate with another under the age of 18 and how the accused believes to be under 18 for purposes contrary to the Criminal Code.
According to s. 172.1 of the Criminal Code:
Luring a child
172.1 (1) Every person commits an offence who, by a means of telecommunication, communicates with
(a) a person who is, or who the accused believes is, under the age of 18 years, for the purpose of facilitating the commission of an offence with respect to that person under subsection 153(1), section 155, 163.1, 170, 171 or 279.011 or subsection 279.02(2), 279.03(2), 286.1(2), 286.2(2) or 286.3(2);
(b) a person who is, or who the accused believes is, under the age of 16 years, for the purpose of facilitating the commission of an offence under section 151 or 152, subsection 160(3) or 173(2) or section 271, 272, 273 or 280 with respect to that person; or
(c) a person who is, or who the accused believes is, under the age of 14 years, for the purpose of facilitating the commission of an offence under section 281 with respect to that person.
Punishment
(2) Every person who commits an offence under subsection (1)
(a) is guilty of an indictable offence and is 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; or
(b) is guilty of 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.
Presumption re age
(3) Evidence that the person referred to in paragraph (1)(a), (b) or (c) was represented to the accused as being under the age of eighteen years, sixteen years or fourteen years, as the case may be, is, in the absence of evidence to the contrary, proof that the accused believed that the person was under that age.
No defence
(4) It is not a defence to a charge under paragraph (1)(a), (b) or (c) that the accused believed that the person referred to in that paragraph was at least eighteen years of age, sixteen years or fourteen years of age, as the case may be, unless the accused took reasonable steps to ascertain the age of the person.
Examples of Child Luring Charges
Some examples of a child luring charge may include the following:
- The accused had an online relationship with another under the age of 18;
- The accused falsely lured an individual under 18 to begin a private, online, relationship while pretending to be of the same age;
- The accused had sexually explicit online chats with an individual under 18; and
- The accused telecommunicated with another who they believed to be under 18 in order to gain sexual services from them.
Child Luring Charge Defences
Every case is different. The availability and strength of any defence depend entirely on the specific facts of your case. The strength of any available defence rests on the evidence against you and the precise details of the allegations. However, the following are some common defences that may be used when fighting a child luring charge.
- Factual innocence: Factual innocence is one possible, strong, defence against a child luring charge. If you can prove, using the facts and evidence of your case, that you were not engaged in an act under s. 172.1, or that the evidence cannot place you as the perpetrator of a lottery offence charge, then you may be able to defend yourself by stating that you were factually innocent.
- Reasonable lack of knowledge of age: Another strong defence would be to prove that you did not know, and reasonably could not have been expected to know, that the individual you were communicating with was an individual under the age of 18. This defence can be proven using evidence that shows that the individual made themselves appear older than they were in a believable way throughout all of the events that occurred.
- Identity: A defence based on the identity of the perpetrator may be a defence to a child luring charge. In order for this defence to be raised successfully in court, you would have to prove that you did not commit this act. This is a defence that states that the accused was wrongfully convicted. Evidence that can be submitted to create a solid identification defence is eyewitness identification, DNA evidence, media and fingerprints.
- Purpose of communicating with minor: This defence is based on the purpose of the telecommunications. If you can prove that you did not communicate with the minor for any improper or illegal purpose, then this may be a valid defence for your case.
- Any applicable Charter defences: The Charter sets out your rights and freedoms before and after your arrest. If the police fail to abide by these rights deliberately or inadvertently, it could aid in your defence. If any of your Charter rights have been violated before or after your arrest, you may be able to have some or all of the evidence that the Crown is relying on to secure a conviction excluded under s. 24(2) of the Charter.
What are the consequences of a child luring charge?
A child luring charge entails a maximum punishment as follows:
- Imprisonment for a maximum of a term of not more than 14 years in jail.
Punishments for a child luring offence depend on the accused’s circumstances and the facts of the case.
Child luring is a hybrid offence. This means that the Crown prosecutor can choose whether to prosecute the charge summarily or by indictment. The maximum and minimum punishments for this charge depend on the way the charge is prosecuted. Thus, those who commit an indictable offence under s. 172.1 are liable to a jail term of not more than 14 years and to a minimum punishment of 1 year in jail. Those who commit a summary offence under s. 172.1 are liable to imprisonment for a term of not more than two years less a day and to minimum punishment of 6 months in jail.
A child luring offence can also entail severe consequences for current and future employment opportunities and immigration status.
Those charged with child luring offences under s. 172.1 also have certain dispositions available to then such as a discharge, suspended sentence, fine, fine and probation, jail, jail and probation or fine, and conditional sentences. These are up to the discretion of the trial judge.
Counsel may also be able to lower the jail sentence through discussions with the Crown prosecutors.
Beyond any immediate jail and/or probation sentence you receive, there is also a discretionary DNA Order if the offence is prosecuted by indictment.
The indictable offence is authorized as a primary designated offence under s. 487.051(1) regardless of the Crown’s election of proceedings.
Aggravating Factors
Child luring in the Criminal Code has several different punishments, depending on the age of the minor. This is the first aggravating factor, one already written within the Criminal Code.
Further aggravating factors that the judge will take in to consideration are the specific actions and intentions of the accused, such as whether the accused sent explicit images or videos to the victim, or whether there was a physical meeting and whether that meeting resulting in sexual assault or attempt to do so. Other aggravating factors look at whether child pornography was created alongside this, and the length of the period of time the communications happened.
Child Luring Charge Investigation
An investigation regarding a child luring charge will look at the actus reus and mens rea of the offence in order to determine the level of guilt.
The actus reus for a child luring charge under s. 172.1 is established, by proof, beyond a reasonable doubt, of the following:
Child luring s. 172.1
- The accused, in the proper jurisdiction, at a specified date and time, telecommunicated with an individual; and
- The individual was under the age of 18 years or pretending to be under 18.
OR
- The accused telecommunicated with an individual; and
- The individual was under the age of 16 or pretending to be under the age of 16.
OR
- The accused telecommunicated with an individual; and
- The individual was under the age of 14 or pretending to be under the age of 14.
The actus reus refers to the act or the omission itself that constitutes the physical elements of a crime. Thus, the physical aspect of a child luring charge would be constituted by any physical act, such as contacting an individual under the age of 18 via email.
The mens rea for a child luring charge under s. 172.1 includes proving, beyond a reasonable doubt, that:
- The accused, in the right jurisdiction, at the specified date and time, telecommunicated with an individual; and
- The accused believed the individual was under 18.
OR
- The accused telecommunicated with another; and
- The accused believed the individual was under 16.
OR
- The accused telecommunicated with another; and
- The accused believed the individual was under 14.
Mens rea is defined as the knowledge or intention of committing the crime. Thus, knowing that one is, or believing that one is communicating with an individual under the age of 18 via telecommunication, consists of the mens rea of the charge.
Bail Conditions for Child Luring Charges
Every accused has the right through Canadian constitutional law and jurisprudence to reasonable bail.
Bail conditions for child luring charges require lawyers and their clients to work out a bail plan, that will allow the accused, if the plan is accused, to go out on bail, rather than be in jail.
The courts look at bail plans through the ladder principle, which means that courts must grant the least restrictive conditions upon the accused unless the Crown prosecutor can prove that these would not be enough and instead, that restrictive conditions would be more appropriate.
There are three main issues to granting bail that courts take into consideration. Thus, if you are a flight risk, a threat to the public or detention is required for public confidence in the legal system, you will be less likely to receive bail.
Frequently Asked Questions About Impaired Driving
Will a child luring charge show on my criminal record while the case is ongoing?
While a case is ongoing, no charges will likely appear on your record.
Will a child luring charge show on my criminal record after the case is done?
A child luring charge will show up on your record if you are convicted of it by the court system. Child luring charges will appear in police background checks as well. However, you may apply for the charge to be removed through a records suspension process, though this would be lengthy.
How long does a child luring case take?
The length of trial for a child luring case depends on the circumstances of your case, any setbacks in court or trial and more, however it usually takes a few months to a year to be resolved.
Can I travel while a child luring case is ongoing?
Yes, you can travel while a child luring case is ongoing, as you have not been found guilty of the offence, and therefore are innocent and can still travel. Your travel may however be restricted by certain bail conditions.
Can I go to jail for child luring charges?
Yes, you can go to jail for child luring charges. The maximum penalty is no more than 14 years in jail, however the minimum punishment is a term of six months in jail. Therefore, it is likely that you will face jail time if convicted of child luring.
Related Offences
- Agreement or arrangement – sexual offence against child: This charge relates to those who are accused of telecommunicating with an individual under the age of 18 in order to agree or arrange to make a meeting with them.
- Exposure: This charge relates to those who are accused of exposing their genitals to another under the age of 16 years old.
- Indecent acts: This charge relates to those who are accused of committing an indecent act in public, where there are one or more people, or with the intention to insult or offend another.
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