What is Child Luring?

If you are being investigated for or have been charged with child luring, you likely have many questions. You are not alone.  An experienced lawyer can help you understand the charges against you and defend your future and legal rights. If you are facing allegations of child luring, it’s imperative that you have an Alberta criminal defense lawyer who will advocate for your rights. 

Below are answers to some of the most common questions people have about child luring in Canada. To learn more or to discuss your case with a criminal defence lawyer in Calgary, call Cory Wilson today.

What is Child Luring?

Canadian law defines child luring as using the internet to get in touch with someone you know is not 18 years of age or older with the intent to commit:

• Sexual exploitation
• Incest
• Child pornography
• Sexual assault

You can also be charged with child luring for if you communicate with a person that you know to be under the age of 16 with the intent to commit:

• Sexual exploitation
• Invitation to sexual touching
• Indecent exposure to a person under 16
• Abduction of a person under 16

What Elements Must Be Proven for a Child Luring Conviction?

The Crown Prosecutor will not be able to achieve a conviction in your case unless they can prove all of the following elements:

• Deliberate communication with the complainant via a computer
• You knew or believed the person you were communicating with was less than 16 years of age or that you were reckless or intentionally did not realize that they were under the age of 16
• You were communicating with this person for the purpose of committing at least one of the required offences

Are There Mandatory Minimum Sentences for Child Luring?

In 2017, the Ontario Court of Appeal struck down a mandatory one-year minimum prison sentence for child luring charges as unconstitutional. The Court ruled that this mandatory minimum sentence is not acceptable when the child luring crime is less severe. The mandatory minimum sentence would create a disproportionate penalty for some people convicted of child luring. 

What are the Penalties for Child Luring?

The penalties for child luring can be quite severe, but a criminal defence lawyer in Alberta can potentially help you face lesser penalties. Without representation from a lawyer, you may be more likely to be sentenced to the maximum penalties. 

 If you are convicted of child luring or the enticement of a child, you could face serious consequences. If you are accused of child luring, you can be charged in one of two ways:

• You have committed an indictable offence, and you are liable to imprisonment for a term of not more than ten years and or less than one year; or
• You have committed an offence punishable on summary conviction, and you are liable to imprisonment for a term of not more than 18 months and to a minimum term of 90 days

If you are a youthful offender, were close in age to the complainant, or the complaint was initiated by an undercover officer, you may be able to mitigate your consequences.

However, there are also several potential aggravating factors that could make your charges harsher. These include:

• The age or imitated age of the complainant
• If you sent explicit images to the victim
• The amount of grooming done by the offender 
• Communications that occurred over a long period of time
• You attempted to arrange a meeting with the victim
• Your meeting resulted in sexual assault or attempt
• Your charges include the making of child pornography

Your penalties may also include ancillary orders such as an order to provide your DNA to be added to the national database, compliance with the comply with the Sex Offender Information Registration Act, or the forfeiture of your computer equipment. 

What is a Conditional Sentence?

In rare instances, offenders may be eligible for a conditional sentence. Upon completion of the requirements of the court, your charges could be reduced or dismissed.  However, you must meet at least one of the strict criteria of:

• A very low risk of recidivism
• Accepting of responsibility for your charges
• Involvement and progress in an appropriate treatment program
• Being assaulted by other inmates while in custody awaiting release
• Prison time would be an extreme hardship on you and your family
• Medical evidence showing that being in prison would put you at “risk of fatal dissociation culminating in possible suicide…” and being in a “very fragile mental and physical state.”

What are the Terms of Probation for this Crime?

Under your probationary terms, you may be forbidden from having contact with the victim or their family or from contacting anyone under the age of 16 or 18. You may not access or possess any devices capable of accessing the internet, such as computers, tablets, or cell phones. In some cases, you must stay away from alcohol and drugs, and you must get treatment and counseling. 

Should I Hire an Alberta Criminal Defence Lawyer?

Anyone charged with child luring should hire an experienced criminal defence lawyer in Alberta. While there are many options and defences for individuals facing these charges, they can be complex. Navigating the legal system is not easy for those who do not have experience. You need a lawyer on your side to ensure you receive the best possible outcome in your case. Schedule your case evaluation today by calling our office or contacting us online.

About Cory Wilson

Cory has represented individuals from all walks of life including lawyers, police officers, athletes, corporate executives, teachers, and everything in between. Cory believes in access to justice for every person charged with a criminal offence regardless of their economic background.