Child Luring & Online Sexual Offences

If you are facing charges related to child luring or online sexual offences in Edmonton, it is critical to seek immediate legal representation from an experienced criminal lawyer like Geoff Green.

With over 25 years of experience in criminal law, Geoff Green has defended clients in complex cases involving child luring, online exploitation, and other sexual offences under Canadian law. His expertise in criminal defence ensures that your rights are protected at every step of the legal process.

What is Child Luring in Canada?

Child luring is a serious criminal offence in Canada, and it typically involves using the internet or other digital means to communicate with a person under the age of 16 for a sexual purpose.

The offence is outlined under Section 172.1 of the Criminal Code of Canada, which criminalizes any attempt to contact a minor with the intent of engaging in sexual activity or other prohibited actions. The law specifically addresses the use of telecommunications, including email, social media, and text messaging, to facilitate these illicit communications.

If you are charged with child luring, the Crown must prove that you took reasonable steps to believe that the individual was under the age of 16 and that you had the intent to engage in sexual activity or invite sexual touching. Even if no physical contact occurred, the mere attempt to engage in communication for such purposes is enough to be charged under the law.

Legal Consequences of a Child Luring Charge

A child luring charge carries significant penalties under Canadian law.

Depending on the circumstances of the case, the consequences can range from summary conviction to indictable offence, with the potential for long-term imprisonment. For an indictable offence, the penalty can be as extreme as 14 years in prison. If child pornography forms part of the offence the sentence will usually be higher than otherwise.

In addition to imprisonment, individuals convicted of child luring are likely to be placed on the National Sex Offender Registry. The Sex Offender Information Registration Act requires offenders to register their personal information, which is accessible by law enforcement across the country. This registration can severely impact employment opportunities, travel, your immigration status, and personal relationships for years after the conviction.

Defending Against Child Luring Charges

Defending these charges often requires thoroughly examining the evidence, including digital communications and police investigations. Some common defences against child luring charges may include:

• Entrapment: If the police initiated the communication or induced the alleged criminal behaviour, this could be used as a defence.
• Lack of Intent: The Crown must prove that you intended to commit a sexual offence or another prohibited act. If there was no intent, there may be grounds for dismissal of charges.
• Reasonable Steps to Determine Age: In some cases, if you took reasonable steps to ascertain the age of the person you were communicating with and believe the person was over the age noted in the Criminal Code, you may have a defence. Child luring has three ages to be concerned about, 18, 16 and 14 years of age for the alleged victim. The age must match up with the secondary offence you are purported to be intending. For example, if you communicate with someone under the age of 18 for the purpose of facilitating the commission of incest, human trafficking or child pornography, you could be charged under s.172.1(1)(a). Under s.172.1(1)(b), if you communicate with a person under the age of 16 for the purpose of facilitating sexual interference or invitation to sexual touching, this would be your charge, but under s.172.1(1)(c), if you communicate for the purpose of luring a child to be abducted, the age of 14 is the cut off in this section. In all these situations, you must believe the child is under the noted ages to be convicted. If you are merely negligent or reckless as to their age, there is a defence for you.
• Specific Purpose: child luring is a specific intent crime, meaning in this crime, that the main purpose of communicating, by computer with a person under the age of 14, 16 or 18, as the case may be, needs to be followed by a secondary purpose of committing one of the enumerated crimes as noted under Reasonable Steps above.

Having an experienced criminal defence lawyer like Geoff Green to advocate on your behalf is crucial for navigating these defences and ensuring a fair trial. Geoff will carefully review the details of your case, including how the evidence was collected and whether any of your rights were violated during the investigation.

Other Online Sexual Offences

Geoff Green defends against a wide range of online sexual offences, including child pornography, sexual exploitation, and cybercrime.

These offences are treated with the utmost seriousness by Canadian courts, with penalties that can include imprisonment, registration as a sex offender, and significant restrictions on future freedoms.

Child Pornography Offences

Being charged with possession, distribution, or creation of child pornography is an extremely serious offence under Canadian law.

The Criminal Code clearly prohibits the production, distribution, or possession of any material that depicts sexual activity involving a minor. Convictions for child pornography offences come with strict mandatory minimum sentences, including significant prison time and placement on the National Sex Offender Registry.

A successful defence may focus on whether the accused knew or should have known the nature of the material in their possession. Geoff Green will meticulously investigate the evidence, including digital records, and fight to ensure that all proper legal procedures were followed. In many cases, the complexity of technology and digital data collection plays a key role in the defence, and Geoff’s extensive experience can help challenge improper evidence collection or procedural errors.

Sexual Exploitation and Invitation to Sexual Touching

Sexual exploitation and the invitation to sexual touching are other serious offences related to minors.

Sexual exploitation involves taking advantage of a position of trust or authority to commit sexual acts with a minor under the age of 18. Invitation to sexual touching involves inviting or encouraging a person under the age of 16 to engage in sexual activity, whether in person or through telecommunications.

Convictions for these offences carry mandatory minimum penalties, and the severity of the punishment increases if the offence is committed against a person under the age of 16. Geoff Green has extensive experience defending individuals accused of these offences and will work tirelessly to explore every defence available.

The Role of Evidence in Online Sexual Offences

In online sexual offence cases, evidence plays a critical role in determining the outcome of the trial.

The prosecution often relies on digital evidence, such as email records, social media activity, or internet history, to build their case. Geoff Green understands the complexities of digital forensics and will work closely with experts in this field to challenge the prosecution’s evidence.

It is important to remember that digital evidence can be misinterpreted or obtained unlawfully. A strong defence involves scrutinizing every aspect of the evidence collection process to ensure that your rights were not violated. If the police failed to obtain a proper search warrant, or if there were any procedural errors, Geoff will fight to have the evidence excluded from trial.

Importance of Early Legal Advice

If you have been charged with child luring or any other online sexual offence, it is essential to seek legal advice from an experienced criminal lawyer as soon as possible.

The stakes in these cases are extremely high, and Geoff Green offers a free initial consultation to discuss your legal matter. Early legal advice can make a significant difference in the direction of your case, giving you the best chance to build a strong defence.

Geoff will carefully explain the charges against you, outline potential defences, and provide a clear strategy for moving forward. His decades of experience in criminal law in Alberta ensure that you have an advocate who understands the complexities of online sexual offence cases and will work tirelessly to protect your rights.

Frequently Asked Questions about Child Luring in Alberta

Is it a crime to simply communicate with a minor online if no meeting occurs?

Yes, under Section 172.1 of the Criminal Code of Canada, it is illegal to communicate online with a minor for the purpose of facilitating certain offences, such as sexual exploitation or making child pornography, even if no physical meeting takes place. The mere intent to commit a crime is sufficient for a luring charge.

Does the child’s consent matter in online luring cases?

No, the consent of the child does not matter in cases of child luring. Under Canadian law, minors cannot legally consent to certain activities, and an adult’s attempt to exploit a child, even with their consent, is still illegal. This applies to online communications as well.

Can a person be charged for child luring if they didn’t know the person was a minor?

Yes, if an adult did not take reasonable steps to ascertain the age of the person they were communicating with online, they can still be charged with child luring. Willful blindness of a young person’s age is not a defence to child luring.

Are online grooming techniques used by predators specifically targeted by Alberta law?

While Alberta does not have its own specific laws targeting online grooming, such actions fall under broader federal laws, such as child luring under Section 172.1 of the Criminal Code. Grooming behaviours aimed at lowering a child’s defences online can be prosecuted as part of a luring charge. The secondary offence after the communication, that is, sexual interference or sexual assault, need not be completed for luring to be charged.

Can someone be charged with child luring for using encrypted or anonymous online platforms?

Yes, using encrypted or anonymous platforms does not protect individuals from being charged with child luring. Law enforcement agencies in Alberta and across Canada use specialized techniques and collaborate with international agencies to identify offenders on these platforms, and charges can be laid regardless of the method of communication.

Are parents or guardians liable if their child is involved in an online sexual offence?

Generally, parents or guardians are not criminally liable if their child is involved in an online sexual offence unless there is evidence that they facilitated or encouraged the activity. However, they may face civil consequences if they failed to take reasonable steps to supervise or protect their child’s online activity.

Contact Geoff Green for a Free Consultation

If you are facing charges related to child luring, online sexual offences, or any other criminal matter in Edmonton, contact Geoff Green today for a free consultation.

Geoff has over 25 years of experience defending individuals accused of criminal offences in Alberta and is committed to providing a strong, effective defence for every client.

Discuss your case with Geoff Green today and take the first step toward protecting your rights and securing the best possible outcome for your case. Contact us to schedule your consultation.