Frequently Asked Questions

What are the Consequences of a Child Luring Conviction?
Ware Common Bail Conditions for a Child Luring Charge?
How do I Defend a Child Luring Charge in Mississauga and Oakville?

Additional Resources

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Sexual Assault Law in Canada
Consequences of a Criminal Record
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Immigration Consequences
Keeping Charges Private
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Vulnerable Sector Screening
Elements of a Crime
Your Rights

What are the Consequences of a Child Luring Conviction?

Child luring carries very significant legal penalties of up to 14 years in jail and mandatory registration as a sex offender. Registration as a sex offender will prohibit an individual from contacting certain individuals and working, living, and frequenting certain areas. Registered sex offenders cannot work or volunteer with children or have unsupervised contact with children in many situations. They may also be unable to go to public places where children are likely to be, including schools, parks, and playgrounds.

Many employers will not hire individuals with a criminal record, and many professional organizations, such as the Ontario College of Teachers, will de-licence individuals convicted of such an offence.

Individuals convicted of child luring may also find it difficult to travel outside of the country. Many countries, including the United States, can deny entry to anyone with a criminal record. Since sexual offences against children are seen as particularly reprehensible, it is very likely that individuals with luring charges on their record will be denied entry.

Finally, individuals who have been convicted of any crime in Canada may have trouble securing permanent resident status. Temporary residents convicted of child luring may be deported from Canada without an admissibility hearing and be unable to return to the country without authorization. Permanent residents convicted of child luring may also be rendered inadmissible for citizenship and may be deported from the country. Permanent residents are entitled to an admissibility hearing prior to deportation.

What are Common Bail Conditions for a Child Luring Charge?

Those charged with a child luring offence will be placed on strict ball conditions until the matter has resolved. Before releasing the accused, the Court must be confident that the accused will not re-offend while out of custody.

As child luring is a sexual offence involving children, bail conditions will include provisions preventing the accused from frequenting locations where children are known to be, including schools, parks, and playgrounds, and preventing the accused from having unsupervised contact with children. Accused’s will be prohibiting from having any contact with persons under the age of 16 or from being alone in the presence of anyone under the age of 16.

Where the accused was communicating with a real minor online (and not an undercover police officer), the accused will also be ordered not to contact the complainant directly or indirectly, and not to attend the complainant’s home, school, or anywhere else they are known to frequent.

In many cases, the accused will be required to live with a residential surety. A surety must monitor the accused while they are in the community to ensure they do not breach any of their bail conditions and attend court when directed. It may be possible to incorporate

Since child luring is an internet crime offence, most accused individuals will be prohibited from using the internet or from possessing devices that can access the internet. In some cases, it is possible to create exceptions to the no internet rule. The Court may allow an accused to access the internet only for the purposes of employment or education or in the direct presence of the surety.

How do I Defend a Child Luring Charge in Mississauga and Oakville?

It can be difficult to defend a child luring charge for many reasons. First, the defence of consent, which is available for many other sexual offences, is not available for child luring, as a person under the age of 16 cannot consent to sexual activity with an adult.

Furthermore, the defence of mistaken belief in age is also not available unless the accused took reasonable steps to learn the person’s true age. This requires more than simply believing that the person is of age because of how they are speaking, what they are saying, and what platform they are telecommunicating on.

There are some defences applicable to child luring, such as entrapment. A law enforcement official commits entrapment when they provide an accused with an opportunity to commit a crime without having any reasonable suspicions that the accused was already committing a similar crime.

For example, if a law enforcement officer provided an accused with the opportunity to solicit sexual services from a minor on a social media platform without believing that the accused was soliciting services from other minors online, the officer has committed entrapment. This defence can be tricky to use as “reasonable suspicion” can come about within the conversation to solicit sexual services, so it is important to have experienced counsel to review your case and devise a defence strategy tailored to your circumstances.

Quick Facts

How to Beat Child Luring?

Child luring is a very serious sexual offence, and a difficult one to defend because defences commonly available for other sexual offences are not available here. Law enforcement’s use of sophisticated technologies and software also result in lots of credible evidence for the Crown, and Crown attorneys do not like to show much leniency to those charged with sexual offences relating to children.

Will I Go to Jail?

Individuals charged with child luring could face up to 14 years in jail. Although the Crown can affect what maximum and minimum penalties will be available for the accused, first-time offenders convicted of child luring will likely spend at least six months in jail, as this is the lowest mandatory minimum penalty available for those charged with child luring.

Can I Make My Conviction Private?

Information about your child luring conviction will most likely be accessible to the public. Most criminal convictions are part of the public record in Canada, and everyone is allowed to watch the court proceedings and access written decisions of almost every criminal case. Hiring legal counsel can help keep things more private.

Will I Lose My Children if I am Convicted of Child Luring?

As child luring is a sexual offence against children, the Children’s Aid Society may become involved in the case. Where the accused has children of their own it is possible that limits may be placed on the offender’s access to their own children.

What if the Minor Said they Were 18?

It is not enough to simply believe that the person was of age, the accused must also have taken reasonable steps to ascertain that the person was of age. Where you have taken reasonable steps to determine the person’s age and because of this believed them to be of age when they were truly not, you may have a valid defence to your child luring charges.

What if I Was Talking to An Undercover?

The offence of child luring does not require that the person the accused is communicating with actually be a minor, as long as the accused believed this person was a minor. Therefore, an accused who was speaking with an undercover officer posing as a minor is still guilty of child luring.