FIRST OFFENDER? DEFEND LURING CHARGES IN OTTAWA. 1-866-DEFENCE.
Child luring is among the most serious offences in the Criminal Code. Considerable resources are devoted to investigating and prosecuting those suspected of committing sexual offences against children. If you have been accused of such an offence in Ottawa it is important to protect your rights. The best way to accomplish this is to consult experienced legal counsel as soon as possible. Donich Law has experience defending individuals charged with child luring including those who have been wrongfully accused and first-time offenders.
Donich Law has devoted a portion of its practice to defending those charged with sexual offences including child luring, sexual assault, sexual interference, indecent exposure, invitation to sexual touching and child pornography. We regularly utilize computer experts and forensic software to conduct secondary analysis of the evidence collected by police. We regularly obtain favourable results for our clients by combining risk management and litigation.
If you are charged with child luring in Ottawa, you can expect specific prohibition orders restricting your contact with children. Given the severity of these charges, it may also be important to request a publication ban.
In 2021, Donich Law successfully represented an individual charged with one count of making available sexually explicit material to a child and three counts of child luring in R. v. P.E. [2021]. The accused was charged after being caught in an online sting involving an undercover police officer posing as a young girl. Prior to trial, the Firm brought forth an entrapment Charter challenge arguing that the undercover officer had violated the accused’s rights. This challenge led to the Crown withdrawing all three child luring charges. For more information on how to defend luring charges, click here.
At Donich Law we have experience defending complex child luring cases including those who have been accused of participating in human trafficking schemes. In 2017, the Firm represented individuals charged with human trafficking and child luring offences after being arrested as part of Project Raphael. Project Raphael was a complex law enforcement operation aimed at tracking down and arresting alleged child predators.
In addition to defending those charged with complex luring cases, we also have experience defending regular people who have made poor decisions and found themselves charged with a serious criminal offence. Many of our clients are first-time offenders who have never had contact with the criminal justice system. In 2016, Donich Law represented a public transit driver charged with nine counts of luring in its R. v. A.H. [2016]. The accused had allegedly communicated with several persons under the age of eighteen for the purpose of facilitating the commission of an enumerated sexual offence. The Firm negotiated with the Crown to have all nine charges against the accused withdrawn. 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?
How to Defend a Child Luring Charge in Ottawa?
What are the Penalties for Those Convicted of Child Luring in Ottawa?
Will I be a Sex Offender if I am Convicted of Luring in Ottawa?
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 Child Luring?
The offence of child luring is outlined in section 172.1 of the Criminal Code. The Code states that an individual has committed a criminal offence when they use a telecommunication device or other electronic means to communicate with an individual under the age of eighteen, or whom the accused believes is under the age of eighteen, for the purposes of facilitating the commission of one of the following enumerated sexual offences;
- Parent or guardian procuring sexual activity
- Householder permitting sexual activity
- Prostitution of a person under eighteen years
- Incest
- Sexual exploitation
- Living on the avails of the prostitution of a person under the age of eighteen years
- Making, accessing, distributing or possessing child pornography
- Procuring prostitution (prostitution related offences)
- Aggravated offence in relation to living on the avails of prostitution of a person under the age of eighteen years
The Code goes on to state that adult individuals are also prohibited from using telecommunication devices or other electronic means to communicate with a person under the age of sixteen, or whom the accused believes is under the age of sixteen, for the purposes of facilitating the commission of one of the following enumerated sexual offences;
- Sexual assault with a weapon, threats to a third party, or causing bodily harm
- Indecent exposure
- Sexual assault
- Invitation to sexual touching
- Abduction of a person under the age of sixteen
- Sexual interference
- Aggravated sexual assault
Finally, the Code states that adult individuals are prohibited from using telecommunication devices or other electronic means to communicate with a person under the age of fourteen, or whom the accused believes to be under the age of fourteen, for the purposes of facilitating the commission of one of the following enumerated sexual offences;
- Abduction of a person under fourteen years
The Code makes it clear that an individual is guilty of a criminal offence as long as they genuinely believe the person they are communicating with is under the age of eighteen. In many cases, individuals are charged with child luring after communicating with an undercover police officer posing as a minor. If the Crown can prove that the accused genuinely believed they were speaking to a minor, the fact that they were not actually speaking to a minor will not be relevant. It is also not relevant that the accused never actually met with the minor in person. If the accused communicated with the minor for the purposes of facilitating the commission of one of the enumerated sexual offences they are guilty of a crime.
How to Defend a Child Luring Charge in Ottawa?
Determining the best defence for a luring charge will depend on a number of factors. The most important factors include the facts of the case, the allegations being made and the evidence in the possession of the Crown. Child luring charges can be particularly difficult to defend due to the strong evidence that is often in the possession of the Crown. Law enforcement officers devote significant resources into investigating suspected child predators. In many cases, adult undercover officers posing as children communicate with suspected predators and gather evidence against them to be used in court.
In a narrow set of circumstances, an individual accused of luring may use the defence of entrapment. Where the accused was communicating with an adult undercover police officer, and the officer presented the accused with an opportunity to commit a criminal offence without reasonable suspicion that the accused was already engaged in criminal activity of this sort, the officer has committed entrapment. For example, if a law enforcement officer posing as a child reached out to an accused and presented them with an opportunity to commit an enumerated sexual offence without believing the accused to already be engaging in that criminal offence, the officer is guilty of entrapment. If an accused can successfully present this defence to the Court, they cannot be convicted. It is important to have experienced legal counsel on your side when attempting to advance a defence of this type.
What are the Penalties for Those Convicted of Child Luring in Ottawa?
Child luring, like all sexual offences against children, are prosecuted aggressively and those who are convicted face very serious criminal sanctions. Crowns are often reluctant to negotiate for favourable guilty pleas in luring cases and routinely advocate for custodial sentences for those who are convicted.
Luring is a hybrid offence. This allows the Crown to elect to proceed either summarily or by indictment, depending on the nature and severity of the allegations. This election will impact, among other things, the maximum penalties that the Court may impose should they find the accused guilty of the offences with which they have been charged. The Crown will proceed by indictment in more serious cases and summarily in all other cases.
Where the Crown elects to proceed summarily the accused will face a maximum of two years less a day in jail, up to a $5,000 fine or both if they are convicted. If the Crown proceeds by indictment the accused will face a maximum of fourteen years in prison if they are convicted.
Will I be a Sex Offender if I am Convicted of Luring in Ottawa?
Yes. Section 490.011(1)(a) of the Criminal Code states that offenders who are convicted of certain sexual offences must register as sex offenders under the Sex Offender Information Registration Act (SOIRA). The Code states that an individual who is convicted of an enumerated sexual offence will be required to register on a mandatory basis. Individuals convicted of other sexual offences may be required to register, depending on the nature of their crimes. In these situations, the Crown may make submissions to the Court during sentencing requesting that a SOIRA order be issued.
Luring is an enumerated sexual offence. This means that those who are convicted will be issued a SOIRA order by the Court on a mandatory basis. The SOIRA order will require them to register as a sex offender with the federal government for a period of ten years, twenty years or life. Examples of other enumerated sexual offences include; murder, manslaughter, incest, child pornography, sexual exploitation, exposure, aggravated sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm, removal of a child from Canada, and trafficking – person under the age of 18 years.
Quick Facts
What is Luring?
As outlined in the Criminal Code, an individual will be guilty of a criminal offence when they use a telecommunication device or other electronic means to communicate with a person under the age of eighteen years, or whom the accused believes to be under the age of eighteen years, for the purpose of facilitating the commission of an enumerated sexual offence.
What if I was Actually Communicating with an Adult Law Enforcement Officer?
In many cases, those who are charged with child luring were in fact communicating with an adult undercover police officer. As long as the accused believed they were communicating with a minor they are guilty of a criminal offence.
What if I Never Intended on Meeting the Child in Person?
Whether or not the accused intended on physically meeting with the minor they were communicating with is generally not relevant. If the accused communicated with the minor using electronic means, and the communications were for the purposes of facilitating the commission of an enumerated sexual offence they are guilty of a crime. This is true even where the commission of the enumerated sexual offence was never actually carried out by the accused.
What is a SOIRA Order?
A SOIRA order is an order, issued by the Court during sentencing for certain sexual offences, requiring an offender to register as a sex offender under the Sex Offender Information Registration Act (SOIRA). Those convicted of an enumerated sexual offence will be issued a SOIRA order on a mandatory basis. The order will remain in place for ten years, twenty years or life.
What if I am a First-Time Offender?
Even first-time offenders convicted of child luring are routinely sentenced to prison. Due to the serious nature of the offence, Crowns often advocate for periods of incarceration for those who are convicted, and the Courts are generally in agreement.
Will People Find out About my Charges?
In Canada, the majority of criminal proceedings are open to the public, meaning any member of the public may observe. Additionally, once an individual is convicted of a criminal offence their conviction becomes part of public record which can be accessed by virtually anyone.
What are the Maximum Penalties for Luring?
Luring is a hybrid offence. The maximum penalties associated with a luring conviction range from two years less a day in jail and/or up to a $5,000 fine to fourteen years in prison.