Child Luring Charges in Canada: Defences and Penalties

Written by Jerry Steele

Child Luring

Child Luring Charges in Canada: Defences and Penalties

Written by Jerry Steele

Child Luring
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For more than 20 years, Steele Law has successfully guided individuals and business entities through the unique challenges posed by criminal and regulatory investigations, as well as prosecutions in state and federal courts nationwide.
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Child luring is a serious criminal offence in Canada, targeting individuals who communicate with minors for the purpose of committing a sexual offence. With the rise of digital communication, these cases have become more common, and the legal consequences are severe.

What Is Child Luring?

Child luring is defined under section 172.1 of the Criminal Code of Canada

It applies when a person uses a computer system, such as a smartphone or social media platform, to communicate with someone under 18, 16, or 14 years old, depending on the charge, with the intent to facilitate a sexual offence.

Even if no physical contact occurs, simply sending messages of a sexual nature to a minor can result in charges. The law is designed to prevent harm before it occurs, making intent the key factor in prosecution.

Penalties for Child Luring in Canada

Convictions for child luring carry severe consequences, including:

  • Mandatory minimum sentences: At least one year for cases prosecuted by indictment.
  • Maximum penalties of up to 14 years in prison, depending on the circumstances.
  • Mandatory registration on the sex offender registry.
  • Lifetime restrictions on employment, travel, and internet access.

Aggravating factors—such as multiple victims, prior convictions, or possession of child pornography—can lead to even harsher penalties.

Defences Against Child Luring Charges

A strong defence requires careful legal strategy. 

Possible defences may include:

  • Entrapment: If law enforcement induced the accused into committing the offence through deceptive tactics, the case may be dismissed.
  • Lack of Intent: The prosecution must prove the accused intended to commit a sexual offence. If the communication was misinterpreted or lacked sexual intent, charges may not hold.
  • Mistaken Age: The law requires that the accused believed the complainant was a minor. If there is evidence that the complainant falsely represented their age and the accused had no reason to doubt it, this may be a valid defence.
  • Insufficient Evidence: Digital communications must be presented in court. If the messages were misrepresented, altered, or taken out of context, they may not meet the legal threshold for conviction.

What to Do If You’re Facing Child Luring Charges in B.C.

A conviction for child luring has life-altering consequences, including permanent criminal records, travel restrictions, and barriers to employment. Defending against these charges requires immediate legal representation.

If you or someone you know has been charged with child luring, contact Steele Law for experienced legal advice. Early intervention is paramount to building a strong defence.