Facing charges of child luring is a serious matter with significant consequences. It’s imperative to seek the guidance of a seasoned lawyer who will passionately advocate for your rights and tirelessly pursue the best possible outcome for your case.
At FMK Law Group in Brampton, our Child Luring lawyers are committed to protecting your reputation against baseless allegations. As a reputable law firm known for its expertise in criminal law, you can trust us to stand by your side and fight for justice.
We offer complimentary consultations with our team of skilled Criminal lawyers in Brampton, ON, to explore how we can assist you. Our areas of expertise encompass various legal matters, including Criminal Harassment and Sexual Exploitation.
While our child luring services are centred in Brampton, Canada we extend our representation to clients across the Greater Toronto Region, encompassing areas such as Oakville, Mississauga, Milton, and Burlington.
Don’t face these charges alone. Contact us today to schedule a consultation and our Brampton Criminal Lawyer to safeguard your future.
What is Child Luring (Child Pornography) Under Criminal Code of Canada
Child Luring is found under section s. 172.1 of the Criminal Code of Canada, which states that
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 eighteen years, for the purpose of facilitating the commission of an offence under subsection 153(1), section 155 or 163.1, subsection 212(1) or (4) or section 271, 272 or 273 with respect to that person;
(b) a person who is, or who the accused believes is, under the age of sixteen years, for the purpose of facilitating the commission of an offence under section 280 with respect to that person; or
(c) a person who is, or who the accused believes is, under the age of fourteen years for the purpose of facilitating the commission of an offence under section 151 or 152, subsection 160(3) or 173(2) or section 281 with respect to that person.
Punishment of a Child Luring (Child Pornography) in Brampton, Canada
(2) Every person who commits an offence under subsection (1) (Child Luring)
(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.
Proving a Child Luring Offence
In a Child Luring offence involving individuals under 18 years old, the Crown must establish several key elements. These include proving that the accused communicated through telecommunication, that the communication was directed towards a person believed to be under 18 years old, and if the accused believed the victim was 18 or older, they failed to take “reasonable steps” to confirm the age.
Additionally, the Crown must demonstrate that the accused’s specific intention in communicating was to facilitate the commission of a specified secondary offence involving the underage person.
To establish a case of Child Luring under s. 172.1(1)(c), where the child is under 14 years old, the Crown must demonstrate several key elements. These include proving that the accused communicated via telecommunication, that the communication was directed towards an individual under the age of 14 or believed to be under 14, and if the accused believed the victim was 14 or older, they failed to take reasonable steps to verify the age.
Additionally, the Crown must establish that the accused’s specific intention in communicating was to facilitate the commission of a specified secondary offence, such as abduction under section 281, in relation to the underage person.
Child luring under section 172.1(1)(b) requires the Crown to prove that the accused engaged in telecommunication with a person believed to be under 16 years old, failed to take reasonable steps to confirm their age and intended to facilitate the commission of a specified secondary offence involving the underage person.
These offences encompass sexual interference, an invitation to sexual touching, bestiality in the presence of a child, indecent acts or exposure, sexual assault, sexual assault with a weapon or causing bodily harm, or child abduction under 16 years of age.
Arguing Innocence
What can someone do if a purely innocent act is being carried out and it has been labelled as child luring? In such a case, the accused could face relatively steep penalties. The defendant would be charged with proving that whatever was being done was not malicious.
In other words, the circumstances must be above board, and the minor in question must not have been in danger. Of course, arguing this point without a defence attorney may present some challenges.
Conviction
If convicted, depending on the jurisdiction, the judge is likely going to hand down an appropriate term within a range to be spent imprisoned. Note that depending on the specific set of circumstances, sex offence may also be a part of the equation.
If this is the case, other charges can be laid against the defendant, as well as potential registration as a sex offender.
Facing Child Luring? Consider Our Criminal Defence Lawyer Brampton, Canada
If you are charged with child luring in Brampton or surrounding cities, you need an experienced and passionate lawyer.
At FMK Law Group in Brampton, ON, our team of Child Luring lawyers is dedicated to offering steadfast support and robust defence against baseless accusations. With our extensive background in criminal law, you can trust us to uphold your rights and interests throughout your case vigorously.
For a consultation that could profoundly influence the outcome of your situation, do not hesitate to reach out to us at (647) 269-8414. Count on our unwavering commitment to excellence and our relentless advocacy for your rights at every turn.