Child Pornography and Internet Luring are charges that can change your life in the most significant of ways: the thought of jail, the humiliation, the change of social status, the loss of loved ones. A lawyer understands this and is there to help, whether it is fighting endlessly to put a stop to the charges, or getting you in touch with the right resources to overcome the underlying issue.
What is Internet Luring?
What if you believed the person was of age?
What evidence will be introduced?
Sentencing
What is Child Pornograpgy?
Internet Luring (section 172.1) is the offence of communicating by way of a computer system (telecommunication) with:
(a) a person under the age of 18 years, for the purpose of facilitating the commission of an offence with respect to that person for the purpose of sexual exploitation, incest, child pornography, procuring or prostitution, or sexual assault.
(b) a person who is, or who the accused believes is, under the age of 16 years, for the purpose of facilitating the commission of an offence under commission of sexual interference, invitation to sexual touching, bestiality in the presence of or by a child, exposure or abduction of a child under 16 with respect to that person.
(c) a person who is, or who the accused believes is, under the age of 14 years, for the purpose of facilitating the abduction of that person.
What if you believed the person was of age?
It is not a defence that you believed the person was of age. There must be evidence introduced by the accused to demonstrate that he/she took reasonable steps to ascertain the age. If you were told that the person was 18, 16, or 14, this may be proof that you believed they were of age.
What evidence will be introduced?
The most potent evidence will be anything regarding your identity as well as the computer search. You should invoke your right to remain silent and right to call a lawyer. A statement obtained from you will be used against you. You may think that now is a good time to confess or you may feel pressured by the police to let it all out. Before you decide doing something like that, be informed by calling a lawyer. Take your time. Otherwise, if you give an incriminating statement, your lawyer will then have to fight to exclude it based on the confessions rule or based on a Charter breach.
The search of the computer is another important element. The warrant has to meet certain criteria in order for the search to be qualified as constitutional. Remember that the onus is on the Crown Attorney to prove the charges beyond a reasonable doubt. Defences exist and you have a right to have the Crown prove the case against you at trial.
It is important to call a lawyer as early as possible. If you wait too long, the Crown may have already made an election and the repercussions will be much more significant.
If the Crown make an election by indictment:
However, if your lawyer convinces the Crown to make a summary election:
A good lawyer will spend time with you to understand what happened and will ensure that psychological evidence and/or any other evidence is introduced and negotiate with the Crown accordingly to join in light sentencing for you.
Sex Offender Information Registry Act (S.O.I.R.A.)
A conviction of Child Internet Luring will lead to an Order to comply with the Sex Offender Information Registry Act as well. The Order can be anywhere between ten years to life.
Child Pornography charges (section 163.1) are even more serious charge than Internet Luring. It also results in registration under the Sex Offender Information Registry Act for a minimum between 10 years and 20 years. Again, the distinction between a summary election or by indictment is very important as well. The Sentencing depends on it:
(2) Every person who makes, prints, publishes or possesses for the purpose of publication any child pornography is guilty of
(a) an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; or
(b) an offence punishable on summary conviction and is liable to imprisonment for a term not exceeding two years less a day and to a minimum punishment of imprisonment for a term of six months.
(3) Every person who transmits, makes available, distributes, sells, advertises, imports, exports or possesses for the purpose of transmission, making available, distribution, sale, advertising or exportation any child pornography is guilty of
(a) an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; or
(b) an offence punishable on summary conviction and is liable to imprisonment for a term not exceeding two years less a day and to a minimum punishment of imprisonment for a term of six months.
(4) Every person who possesses any child pornography is guilty of
(a) an indictable offence and is liable to imprisonment for a term of not more than five years and to a minimum punishment of imprisonment for a term of six months; or
(b) an offence punishable on summary conviction and is liable to imprisonment for a term of not
(b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months and to a minimum punishment of imprisonment for a term of 90 days.
(4.1) Every person who accesses any child pornography is guilty of
(a) an indictable offence and is liable to imprisonment for a term of not more than five years and to a minimum punishment of imprisonment for a term of six months; or
(b) more than 18 months and to a minimum punishment of imprisonment for a term of 90 days.