FIRST OFFENDER? DEFEND LURING CHARGES IN NEWMARKET. 416-DEFENCE.
Child luring is considered a very serious criminal offence in Canada. Being charged with a child luring offence can be a troubling experience for anyone, especially those who are being charged for the first time. Further, a conviction for such an offence will undoubtedly be accompanied by serious consequences for an offender. As such, it is important to hire qualified legal counsel as soon as possible. Donich Law has experience defending individuals who have been charged with child luring in York Region and regularly obtain positive results for our clients. We have experience advocating for our client’s rights to ensure they receive the best possible outcome for their particular allegations.
Sexual offences against children are prosecuted particularly aggressively in Ontario. Crown attorneys are often reluctant to make favourable plea deals with accused individuals and regularly advocate for incarceration for defendants who are found guilty. Donich Law regularly defends individuals charged with sexual offences involving children including child luring, child pornography and sexual interference.
If you are charged with child luring in Newmarket you can expect specific prohibition orders restricting your contact with children. Consider the implications of a publication ban during your proceeding as well with a lawyer.
Child luring offences are also investigated aggressively by law enforcement. Police investigations regularly utilize sophisticated tracing technology and forensic software to track child predators online. This software makes tracking those attempting to lure children online much easier and also makes it easier for Crown attorneys to prove the offence at trial. As a result, child luring offences can be particularly difficult to defend.
In 2021, Donich Law represented an accused charged with one count of making sexually explicit material available to a child and three counts of child luring in R. v. P.E. [2021]. The Firm was able to secure the withdrawal of three counts of child luring prior to trial after launching an entrapment Charter challenge arguing that the undercover officer violated the accused’s rights when communicating with him online.
The Firm has successfully defended individuals charged in complex child luring cases. For example, the Firm was involved in defending individuals arrested as part of Project Raphael, a police investigation involving the human trafficking of children. Many of our clients are otherwise law-abiding citizens. In some cases, they may not have even been aware that their actions were criminal.
In 2016, the Firm defended an accused charged with child luring. The accused, a TTC driver, was charged with nine counts of child luring, involving multiple different complainants. The Firm was able to secure the withdrawal of the offence, resolving the matter with no criminal consequences for the accused in its R. v. A.H. [2016]. For more information on how to defend luring charges, click here.
Donich Law has experience employing computer experts to run forensic analysis on hard drives and computers of our clients. Additionally, we uncompromisingly advocate for our client’s rights to ensure they receive the best outcome in their case. Click here for more information on new changes to child sex offence sentencing. Click here for more information on new changes to sexual assault laws in 2021.
Having a complete understanding of the Elements of the Criminal Offence, Your Rights and the Consequences associated with a Criminal Record is necessary before any legal decisions are made.
Toronto Star: Pornhub and Revenge Porn.
Toronto Star: New Corporate Liability for Child Pornography in Canada.
Toronto Star: Police Power and Social Media Companies.
CP24: Civil Sexual Assault Lawsuit at St. Michael’s in Toronto.
Global News: Historical Sexual Assault Charges and Bill Cosby.
CityNews: Jordan Donich comments to CityNews regarding challenges with Sexual Assault Trials in Toronto.
CityNews: Jordan Donich provides expert commentary to CityNews regarding Sexual Assault Prosecution.
Legal Information
Frequently Asked Questions
What is Child Luring in Newmarket?
What are the Best Defences to Child Luring in York Region?
Is Child Luring a Sexual Offence?
Will I have to Register as a Sex Offender if I am Convicted of Child Luring?
Will I go to Jail if I am Convicted of Child Luring?
Additional Resources
Assault
Assaulting a Peace Officer
Sexual Assault Law in Canada
Sex Offender Prohibition Orders
Consequences of a Criminal Record
Domestic Abuse
First Offenders
Immigration Consequences
Keeping Charges Private
Travel & US Waivers
Vulnerable Sector Screening
Elements of a Crime
Your Rights
What is Luring?
Child luring is considered a very serious sexual offence in Canada. An individual is guilty of child luring when they use a telecommunication device such as a computer or smart phone to communicate with a minor for the purpose of facilitating a sexual offence. The Criminal Code provides a list of sexual offences prohibited under this section. The offences are categories according to the age of the minor victim. Essentially, this means that communicating with a minor online will become a criminal offence when the communication is for the purpose of committing a sexual offence.
As outlined in the Code, adult individuals are prohibited from communicating with an individual who is under the age of eighteen or whom the accused believes is under the age of eighteen, for the purpose of committing an enumerated sexual offence, as listed in the Code. These offences include;
- Prostitution of a person under eighteen years
- Living on the avails of the prostitution of a person under the age of eighteen years
- Aggravated offence in relation to living on the avails of prostitution of a person under the age of eighteen years
- Sexual exploitation
- Making, accessing, distributing or possessing child pornography
- Incest
- Householder permitting sexual activity
- Procuring (prostitution related offences)
- Parent or guardian procuring sexual activity
As further outlined in the Code, adult individuals are prohibited from using a telecommunication device to communicate with an individual who is under the age of sixteen, or whom the accused believes is under the age of sixteen, for the purpose of committing any of the sexual offence enumerated in this section of the Code. These offences include;
- Aggravated sexual assault
- Abduction of a person under sixteen
- Invitation to sexual touching
- Indecent exposure
- Sexual interference
- Sexual assault
- Sexual assault with a weapon, threats to a third party, or causing bodily harm
Finally, the Code states that adult individuals are prohibited from using a telecommunication device to communicate with a person under the age of fourteen for the purposes of committing an enumerated sexual offence as outlined in this section of the Code. This offence includes;
- Abduction of a person under fourteen
It is important to note that an adult individual will be guilty of the offence of child luring even where the individual they were communicating with is an adult, if the accused believed they were communicating with a minor. It is common for individuals charged with child luring to discover after their arrest that they were in fact communicating with an adult undercover police officer. As such, to gain a conviction the Crown must be able to prove that the accused genuinely believed the individual they were communicating with was a minor. Further, child luring is a specific intent offence, meaning the Crown must prove that the accused intended to communicate with an underage person, for the purpose of committing an enumerated sexual offence.
Donich Law has experience defending individuals charged with child luring, including those who were communicating with an adult undercover police officer posing as a child. If you have been charged with child luring, we can guide you through the criminal justice system and ensure your rights are protected at every stage of the process. We can assist you in developing the best strategy to defend your particular set of allegations to ensure the best possible outcome.
What are the Best Defences to Child Luring in York Region?
Child luring is considered a serious sexual offence in Canada. Law enforcement in Ontario devote a significant amount of resources to tracking down and arresting online child predators. They utilize sophisticated tracing software, computer experts and undercover police officers to gather evidence against individuals believed to be luring children online. This evidence can be particularly difficult to defend.
One of the most common defences against child luring is entrapment. Since a portion of those arrested and charged with child luring were in fact communicating with an adult law enforcement officer, it is sometimes possible to argue that the officer presented the accused with the opportunity to commit the offence without any reasonable suspicion that the accused was already engaging in criminal activity of that sort. This behaviour on the part of law enforcement is unlawful and constitutes entrapment. This defence is difficult to advance and may only be advanced once the Crown has proven all elements of the offence.
Is Child Luring a Sexual Offence?
Yes. Child luring is considered a very serious sexual offence and is prosecuted aggressively in York Region and all over Ontario. An individual is guilty of the offence of child luring when they use a telecommunications device to communicate with a minor, for the purpose of facilitating the commission of a sexual offence. This means that it is not unlawful for an adult to communicate with a minor online, as long as the communication is not for the purpose of facilitating a sexual offence.
Will I have to Register as a Sex Offender if I’m Convicted of Child Luring?
In Canada, those who are convicted of certain sexual offences will be issued a SOIRA order. A SOIRA order is an order by the Court to register as a sex offender under the federal Sex Offender Information Registration Act. Those who are issued such an order must register as a sex offender for a period of time as prescribed by the Court. Section 490.011(1)(a) of the Criminal Code provides a list of enumerated sexual offences, which if committed, will warrant an individual having to register as a sex offender. Child luring is one of the enumerated offences, so those convicted will be required to register as a sex offender.
Will I go to Jail if I am Convicted of Child Luring?
Sexual offences, especially those committed against children, are prosecuted vigorously in Ontario. Crowns in York Region rarely make favourable deals with those accused of child luring and regularly advocate for periods of incarceration for those who are convicted.
Child luring is considered a dual procedure offence. This means that the Crown has considerable discretion regarding the cases path through the criminal justice system and the maximum penalties that may be imposed if the accused is found guilty of the offence(s). In cases involving serious allegations the Crown will elect to proceed by indictment and in cases involving more minor allegations, the Crown will elect to proceed summarily. Where the Crown proceeds by indictment and the accused is convicted, they will face a maximum of fourteen years’ imprisonment. Those convicted on indictment will also face a mandatory minimum of one year imprisonment. Where the Crown elects to proceed summarily and the accused is convicted, they will face a maximum of two years less a day imprisonment, and/or a $5,000 fine.
If you have been charged with a child luring offence in York Region our Firm can assist you in navigating the criminal justice system. We have experience defending a variety of child luring cases and regularly obtain positive results for our clients.
Quick Facts
What is the Definition for Child Luring?
The offence of child luring has been committed when an adult individual uses a telecommunication device to communicate with a minor individual, or someone the accused believes is a minor, for the purpose of facilitating the commission of a sexual offence. Section 490.011(1)(a) of the Criminal Code outlines a list of designated offences.
Can I be Charged with Luring if I never met the Child in Person?
Yes. An individual is guilty of the offence of child luring when they communicate with a minor over the internet for the purpose of facilitating the commission of a sexual offence. This means that an individual is guilty of the offence even in situations where the sexual offence is not actually carried out. As long as the purpose of the communication was to carry out the sexual offence at a later time.
How to Beat Child Luring Charges?
Child luring is considered a very serious sexual offence against children. Law enforcement utilizes sophisticated tracing software to track down and arrest online child predators. Further, Crown attorneys prosecute these types of offences very aggressively. As a result, it has become increasingly difficult to defend child luring charges. Experienced legal counsel can assist you in developing the best possible strategy for your particular set of allegations.
Will I go to Jail for Child Luring?
The penalties for those convicted of a child luring offence are very serious. It is a hybrid offence meaning the Crown has discretion regarding the maximum penalty an accused will face if they are convicted. Those convicted of child luring face up to fourteen years imprisonment and may face a mandatory minimum of one year imprisonment in more serious cases. Even accused individuals with no criminal histories are routinely sentenced to prison as a result of child luring convictions.
Can I see my Kids if I’m Charged with Child Luring?
Since child luring is considered a sexual offence against children, the Children’s Aid Society will almost always become involved, especially where the offender has children of their own, or are routinely around children. Depending on the nature of the allegations, individuals accused of child luring may be prohibited from seeing even their own children.
Will I have to Register as a Sex Offender?
Yes. Those convicted of child luring will be required to register as a sex offender on a mandatory basis. The Criminal Code states that those convicted of an enumerated sexual offence will be required to register under the Sex Offender Information Registration Act (SOIRA). Such individuals will be required to register for ten years, twenty-five years, or life as instructed by the Court.