Child luring through the web: what is it?

January 15th, 2021

If you are facing an allegation of child luring through the web, the first thing you should do is contact a lawyer who specializes in the defence of sex crimes. For defence in Ontario and Québec, We can be reached at 450-332-6511.

Allegations of using the internet to lure a child are taken very seriously by the justice system. If you are being investigated for or have been charged with child luring, it is normal for you to have many questions and concerns.

The first step to understanding the charges is to speak with a lawyer who has experience in dealing with child luring and other charges related to sex crimes. This area of the law is very specialized and it is important for you to work with a lawyer who can fully defend your legal rights and protect your future.

What is Child Luring?

Under the criminal code, Child Luring is defined as the use of telecommunication to communicate with a person he believes is under the age of 18 for the purpose of facilitating the commission of certain sexual offences with that person.

In layman’s terms, child luring through the web is when an adult uses the internet (such as a chat room, social media, e-mail, direct messaging, etc.) to get in touch with someone you think is a child younger than 18 years old to engage in a sexual offence.

Other terms that are sometimes used when referring to child luring include:

  • Online predators
  • Child grooming
  • Child exploitation

The sexual offences included under the definition of child luring are not limited to physical sexual actions. Someone can be charged with child luring if they engage in any of the following offences related to a person believed to be younger than 18 years old:

  1. Sexual exploitation
  2. Incest
  3. Possession of child pornography, accessing child pornography, making child pornography, make available, transmit or distribute child pornography section
  4. Parent or guardian procuring sexual activity
  5. Owner of premises permitting use by a person under 18 for an unlawful sexual purpose
  6. Procuring a benefit trafficking a person under the age of 18
  7. Obtaining sexual services from a person under 18 for consideration

In the case that the alleged victim is believed to be under the age of 16 years old, child luring offences are expanded to include:

  1. Sexual interference
  2. Invitation to sexual touching
  3. Bestiality in the presence of a person under 16
  4. An indecent act to a person under 16
  5. Sexual assault
  6. Abduction of a person under ages of 16 and 14

What proof is required for a child luring conviction?

The Crown Prosecutor will not be able to achieve a conviction in the case of child luring using the web unless they can prove all of the following elements:

  • Deliberate communication with the complainant via a computer
  • You knew or believed the person you were communicating with was less than 18 years of age or that you were reckless or intentionally did not realize that they were under the age of 18
  • You were communicating with this person for the purpose of committing at least one of the required offences listed above

It is very important that you build your defence by working with a lawyer who has experience in the defence of child luring cases. This specialized area is often beyond the capabilities of a law team that works in more general fields.

What are the penalties for child luring through the web?

The penalties for child luring can be quite severe, but a criminal defence lawyer with specialized knowledge of the laws around sexual crimes can potentially help you face lesser penalties. You may be more likely to be sentenced to the maximum penalties if you choose to make your defence without a lawyer or by working with a lawyer without experience in defending cases of child luring.

The penalties for child luring through the web vary according to the deemed severity of the offence. Imprisonment terms and other penalties are set differently depending on things such as:

  • The age or imitated age of the complainant
  • If you sent explicit images to the victim
  • The amount of grooming done by the offender
  • Communications that occurred over a long period of time
  • You attempted to arrange a meeting with the victim
  • Your meeting resulted in sexual assault or attempt
  • Your charges include the making of child pornography

What to do if you are facing allegations of child luring

If you are facing allegations of child luring, it’s imperative that you have a criminal defence lawyer who will advocate for your rights. The options and defences for anyone facing these charges can be complex and will not be easy for anyone who does not have experience. In order to receive the best possible outcome in your case, contact a lawyer with experience and success in the defence of sex crime charges such as child luring.

We have specialized knowledge in this area to keep you fully informed of your options. If you need to defend yourself on charges of child luring in Ontario or Quebec, contact Jean-François Chénard. Your first call is free, and most importantly, here, we believe you.