Luring Defence Lawyer in Brampton

Common Bail Conditions Associated with Child Luring in Brampton?

When the accused is released on bail pending trial, there are conditions the Court imposes on the accused to ensure the safety of the community. Though the accused is innocent until proven guilty, a criminal charge is still a matter that the authorities take very seriously.

When charged with child luring or any sexual offence involving a person under 16, a common bail condition may be a prohibition order barring the accused from accessing children. This means that the accused is not allowed near children alone. The offender may be prohibited from attending public communal areas where minors are present or can be expected to be present. They may also be barred from employment or volunteering opportunities that involves being responsible or in a position of trust and authority over a child.

An internet ban may also be present. This bars the accused from accessing the internet completely or unless certain conditions are met. The Court may order conditions such as a requirement of supervision by a surety, lack of a virtual private network, no communication with minors.

How Does the Crown Prove Luring?

In order to prove the accused did commit the offence, the Crown must prove beyond a reasonable doubt that they are guilty. Different subsections of section 172.1(1) of the Criminal Code require different proof.

In all child luring offences (child luring under 18, under 16, and under 14) the Crown must prove three elements. First, that the accused communicated with the complainant by means of telecommunication. Second, the accused communicated with a person under the age of 18 or someone who they believed was under the age of 18. Third, the accused’s purpose or intent of communication with the complainant was to facilitate the commission of an enumerated offence in the Code. These offences vary dependant on the age of the child and the subsection of the Code.

For section 172.1(1)(a), child luring under the age of 18 years, the specified offences are: section 153(1), sexual exploitation; section 155, incest; section 163.1, child pornography; section 170, parent or guardian procuring sexual activity; section 171, householder permitting prohibited sexual activity; sections 279.011, 179.02(2), 279.03(2), which are human trafficking offences; section 286.2(2) and 286.3(2) are related to commodification of sex.

For section 172.1(1)(b), child luring under the age of 16 years, the specified offences are: section 151, sexual interference; section 152, invitation to sexual touching; section 160(3) bestiality in presence of or by child; 173(2) exposure to person under 16; 271, 272, 273 are all sexual assault; and section 280 criminalizes kidnapping of a person under 16.

For section 172.1(1)(c), child luring under the age of 14 years, the specified offence is section 281, abduction of a person under 14.

What Are the Penalties for Child Luring?

There are two main categories of criminal offences in Canada: summary conviction offences and indictable offences. Indictable offences are viewed as more serious with harsher sentencing. Child luring is a hybrid offence that the prosecutor can elect to proceed either by summary conviction or by indictment, depending on various factors of the case. If the Crown elects for a summary conviction, the minimum penalty is 90 days incarceration, while the maximum is two years less a day. Given an indictable election, the minimum penalty is one year incarceration, and the maximum is 14 years.

In addition, as child luring is a primary designated offence, the offender may be subject to additional ancillary orders. For example, section 487.051(1) of the Criminal Code instructs the Court to make an order adding the offender’s DNA to the national database. Section 161.1 is a prohibition order that restricts the offender’s access to children. In addition, the offender will also be subject to the Sex Offender Information Registration Act, requiring them to register under it.

What If My Address Was Linked to This Activity but More Than One Person Lives in My Residence?

Investigative techniques by the police may lead them to a location without specifically leading them to the person committing the act. If a person in a residence with multiple people is engaged in child-related sexual offences, all devices will be examined. Then, using forensic evidence and interrogation, the police will ascertain who was the owner of the offending device and arrest and charge the offender. In many cases the police already have the evidence before entering the home since it was acquired when they received a tip.

What Kind of Information Will the Police Try to Get Out of the Accused During Interrogation?

Section 8 of the Canadian Charter of Rights and Freedoms guarantees a suspect’s right to be secure against unreasonable search and seizure. This means that the police must obtain a search warrant from a judge before searching a suspect’s residence and seizing their devices. The police will also require a search warrant to search inside the accused’s devices. The suspect may also be interrogated after the arrest regarding their involvement in the offence. This may include attempting to get the accused to confirm details the police are already aware of.

Other secondary offences such as child pornography and sexual interference may be connected with child luring. The police will attempt to get any information regarding secondary offences out of the accused. They may lie to the accused about the information they have in order to get the accused to confess.