If you are facing child luring charges, you need a criminal defence lawyer in Toronto to look at your case as soon as possible.
Child luring is a serious criminal offence in Canada. It is communicating with someone under 18 years old for the purpose of committing another offence against them.
More specifically, it is when an adult uses the internet, texting, or other digital communication to contact a young person in order to facilitate other sexual offences. Their intentions could be child pornography, sexual assault, and/or sexual exploitation, and more.
The law applies even if the person being communicated with is actually an undercover police officer pretending to be a child. The offender only needs to believe they are talking to someone under 18.
Child luring is a hybrid offence, which means convictions can be made either summarily (less serious) or by indictment (more serious). The decision of the Crown on how to proceed with the case determines the severity of the charge, a key part of the broader criminal court process.
A person found guilty of child luring can receive a jail sentence of a minimum of 6 months, or a maximum sentence of up to 14 years. This depends on the severity of the offence and how the Crown is processing it.
A conviction also results in mandatory registration as a sex offender.
Strategic Criminal Defence is a top Google-rated criminal defence firm in Toronto, with over 500 5-star reviews. Our firm, and our experienced legal team, have defended clients in over 10,000 criminal cases. Leveraging our extensive network of lawyers and decades of experience, we craft defence strategies to help those accused of child luring beat the charge.
The lawyers at Strategic Criminal Defence are both highly experienced and dedicated to defending your rights and future in the face of these charges. Contact a Toronto child luring offence lawyer today by calling (647) 986-8077.
Key Takeaways
- The severity of the charge for child luring is dependent on whether the Crown elects to proceed summarily or by indictment.
- A child luring sentence can range from 6 months to life imprisonment depending on the severity of the offences an accused person was intending to commit.
- Bail conditions may include no 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 lawyers at Strategic Criminal Defence can provide excellent defence strategies to
beat child luring charges.
How can a child luring lawyer in Toronto help?
A Strategic Criminal Defence lawyer can provide critical protection when facing these serious charges. Before charges are formally filed, they can offer pre-charge legal advice about how to handle police questions about online activities or device seizures. We can prevent self-incrimination by ensuring you don’t make statements that could strengthen the prosecution’s case about your online communications or intentions.
Our team can manage all conversations with law enforcement, protecting your rights during interrogations about your internet history and messaging. We can gather important digital evidence like full conversation logs or context that might show your true intent or actions to verify age.
Our lawyers understand the unique aspects of child luring cases, including how to challenge evidence from undercover operations or potential entrapment. During trial, we provide skilled representation, examining the prosecution’s evidence about your knowledge, intent, and the nature of the communications while working to protect your freedom and reputation.
Child Luring Charges in the Criminal Code of Canada
According to section 172.1(1) of the Criminal Code:
Luring a child
172.1 (1) Every person commits an offence who, by 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.
Examples of Child Luring Charges
Here are some real-world examples of what can lead to child luring charges in Toronto:
- 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 try to convince them to engage in sexual activity
- Sending indecent, nude or sexually explicit pictures or videos to a person who is under 18
Consequences of a Child Luring Charge
Being charged with child luring in Canada brings serious legal consequences that can change your life permanently. It 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.
The sentence for a summary child luring conviction is a minimum of 6 months and a maximum of 2 years in jail. If the Crown processes it by indictment, the minimum is 1 year and the maximum is 14 years in prison.
Depending on the secondary offence the accused was trying to engage in for this charge, there is a possibility of life imprisonment if it 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 would also be detrimental to the future of the accused because of life changing restrictions and sanctions that may be imposed. For example, the accused may be permanently restricted from internet use and have to give the police any computers 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. A conviction for child luring also results in mandatory registration as a sex offender under the Sex Offender Information Registration Act for at least 10 years, and possibly for life.
Child Luring Charge Defences
If you’ve been charged with child luring, you should know that there are several possible defences available. While these charges are extremely serious, they can be successfully challenged in court with the right legal strategy. Working with a lawyer on our team is crucial, as they can help identify which of these defences might apply to your specific situation.
- Presumption of Age: The defence can argue there was a presumption of age if there is enough evidence to prove that the victim appeared to the accused to be above legal age of consent. This depends on whether the accused had good enough reasons to believe that the victim was not a minor. However, according to s. 172.1 (4) of the Criminal Code, this can only be considered a suitable defence if there is substantial proof that the accused took all reasonable and necessary steps to determine that the victim was not a minor. Examples of reasonable steps might include asking for identification, video chatting to verify appearance, or asking specific questions about age-related experiences like driving or high school classes. Simply asking “are you over 18?” is typically not enough.
- Entrapment: Another plausible defence could be that the accused was persuaded by the police to commit or admit to a crime that they would not have otherwise engaged in. This can happen in cases where police officers go undercover and pose as minors to investigate possible internet crimes such as child luring. This doesn’t apply simply because police were undercover though, entrapment is when the officers go beyond providing an opportunity to commit a crime and actively encourage criminal behavior.
- Lack of Intention/False Evidence: Our team may also be able to prove that there was no intention of luring the minor into sexual activity and that the content of the discussions was misunderstood or misrepresented. If your communications with a young person, while perhaps inappropriate, weren’t aimed at committing these specific crimes, you may have a defence.
- Available Charter Defences: Where the accused was not properly informed of his rights by the police, or their rights as outlined in the Constitutional Charter of Rights & Freedoms were violated, our lawyers may be able to make a defence on these grounds.
Child Luring Charge Investigation
Child luring investigations typically begin when someone reports suspicious online communications with a minor or when police conduct undercover operations.
When investigating suspected luring, police collect and preserve all digital communications between the suspect and the young person. This includes text messages, social media chats, emails, and dating app conversations. They focus on messages showing the adult knew or believed they were talking to someone underage and that show intent to meet for sexual purposes or request sexual content.
After narrowing down the potential suspects, the police will then 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.
Investigators would get warrants to search the suspect’s electronic devices and internet accounts. Digital forensic specialists may also examine phones, computers, and tablets for evidence of communications with the minor and any patterns of similar behavior with other young people. Where there is sufficient evidence of child luring, the police would proceed to make an arrest.
Bail Conditions for Child Luring Charges
Whether or not an accused will be granted bail depends on the seriousness of the secondary offences they are 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 release plan.
If you are granted bail while waiting for your trial the conditions will be extremely strict.
The most significant restriction is typically a complete ban on internet access. In rare cases where internet is needed for work, you might be allowed very limited access under strict supervision.
You will be forbidden from having any contact with the alleged victim or any other person under 18 years of age. You’ll also be prohibited from visiting places where young people gather, such as schools, playgrounds, community centers, and public swimming pools.
The court will likely require you to surrender all electronic devices that weren’t already seized during the investigation. You may have to give up your passport to prevent international travel, and you’ll need to report regularly to police or a bail supervisor, sometimes as often as several times per week.
If you violate any of these conditions, you can be charged with a separate criminal offence of failing to comply with a release order, and you’ll likely be returned to jail until your trial.
