Punishments for Solicitation Sex from a Minor

What if Law Enforcement is Unable to Get into My Device?

The Ontario Provincial Police department have dedicated Internet Child Exploitation units that work closely with provincial and international organizations to catch online child predators. Police departments also have forensic experts dedicated to extracting information out of these devices. Typically, forensic experts and law enforcement are more willing to expend more resources to extract information from these devices to charge child sex-related offences due to the public interest in protecting children.

What Are the Other Negative Consequences Associated with Child Luring?

Incarceration is the most severe sentencing a court may enter. There is a mandatory minimum prison sentence for child luring. Based on a summary election, child luring may result in a mandatory minimum of 90 days incarceration. Based on an indictable election, child luring may result in a mandatory minimum of one year incarceration. The maximum penalty by summary election is 2 years less a day in prison. If the Crown elected to indict, the maximum penalty is 14 years’ incarceration. In addition to incarceration, a convict will receive a criminal record as well as ancillary orders.

A mandatory ancillary order for any sexual-related offence is a SOIRA registration. Under the Sexual Offender Information Registry Act, the offender must register their name, residence, place of work/school/volunteer, and vehicle with a registration centre. SOIRA helps law enforcement catch offenders by eliminating suspects.

In addition, child luring is a primary designated offence. Under s. 487.05(1) of the Criminal Code, if the offender commits a primary designated offence enumerated under section 487.04, they are subject to a DNA order. This means that their DNA will be taken and registered in the national database. This data would help police investigations in eliminating suspects.

There may be a section 161(1) order restricting the offender’s access to children. The offender may be banned from attending any communal area or public place where children are expected to be. They may be prohibited from being within a certain distance from the residence of the victim or another location. They cannot be employed or volunteer where they would be put into a position of trust, authority, or power over a child. They may be prohibited from even having contact with children without the supervision of someone the court considers appropriate.

Furthermore, an offender’s passport may be rescinded. Difficulties with travel may come with a criminal record. Those with a criminal record may also suffer from discrimination. They may have difficulty obtaining employment or volunteering with any vulnerable persons.

How do Police Find Child Lurers Online?

The police may employ a variety of investigative techniques to find child lurers online. Most local police departments have a dedicated Internet Child Exploitation (ICE) unit. These units often work with organizations such as Our Underground Railroad (O.U.R.) and the Royal Canadian Mounted Police’s (RCMP) National Child Exploitation Coordination Centre (NCECC). Computer forensic experts may be able to trace locations and access information from locked devices.

Operation Raphael was a multi-year investigation lasting from 2014 to 2017. Operation Raphael arrested more than 100 men in York Region that sought to buy sex from minors. Investigators posed as children online offering sexual services for money. It did not matter that the “minors” in question were actually law enforcement—the intent to purchase sex from a minor is enough for a charge.

Does it Matter Which Province I am Charged in?

No, the province in which the person is charged with the offence does not matter. The Criminal Code is a federal piece of legislation that applies equally to all provinces. It catalogues offences, describes defences, enumerates punishment and principles of punishment, and describes powers and procedures for the authorities. The penalties are the same for the same crime no matter the province. The real difference in each province are minor procedural differences. For example, when obtaining disclosure, the local Crown’s office may have their own method of providing disclosure.

What is Grooming? Is it a Criminal Offence?

Grooming is when an older person attempts to form a relationship with a child or a young person with an ulterior motive. Grooming itself is not defined as a criminal offence but can turn into criminal offence. Child luring and grooming are not mutually exclusive. If the grooming involved a telecommunication for the purpose of committing one of the enumerated offences under s. 172.1(1), then it constitutes as child luring.

For example, if an older person messages a younger person, and their conversations become sexual and eventually arrange to meet up, it is a case of child luring. Child luring has a mandatory minimum of 90 days incarceration if summarily elected, and one year incarceration if indicted.

Does the Age of the Child Matter?

Yes, the age of the child does matter. The age differential can be an aggravating factor during sentencing; the greater the differential, the longer the sentence.

Different provisions of the Criminal Code also differentiate different offences for different ages for child luring. The offences are different for each age group, and the younger the complainant, the more aggravating it is.

Section 172.1(1)(a) describes child luring under 18 years old, with the purposes of committing one of the offences of: sexual exploitation, incest, child pornography, parent or guardian procuring sexual activity, householder permitting prohibited sexual activity, trafficking and other related charges, commodification of sexual service offences, and procuring. Section 172.1(1)(b) describes child luring under 16 years old, with the purposes of committing one of the offences of: sexual interference, invitation to sexual touching, bestiality, exposure, sexual assault and other related offences, or abduction. Section 172.1(1)(c) describes child luring under 14, with the ancillary offence being abduction.