Child Luring (Sentencing Cases)

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This page was last substantively updated or reviewed August 2023. (Rev. # 90200)

Offence Wording

Luring a child

172.1 (1) Every person commits an offence who, by a means of telecommunication, communicates with

(a) a person who is, or who the accused believes is, under the age of 18 years, for the purpose of facilitating the commission of an offence with respect to that person under subsection 153(1) [sexual exploitation], section 155 [incest], 163.1 [child pornography], 170 [parent or guardian procuring sexual activity], 171 [householder permitting prohibited sexual activity] or 279.011 [trafficking in persons, under 18] or subsection 279.02(2) [material benefit from trafficking, under 18], 279.03(2) [withholding or destroying docs, under 18], 286.1(2) [comm. to obtain sexual services for consideration – person under 18], 286.2(2) [material benefit from sexual services provided — person under 18] or 286.3(2) [procuring — person under 18];
(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 section 151 [sexual interference] or 152 [invitation to sexual touching], subsection 160(3) [bestiality in presence of or by child] or 173(2) [exposure to person under 16] or section 271 [sexual assault], 272 [sexual assault with a weapon or causing bodily harm], 273 [aggravated sexual assault] or 280 [abduction of a person under 16] with respect to that person; or
(c) a person who is, or who the accused believes is, under the age of 14 years, for the purpose of facilitating the commission of an offence under section 281 [abduction of a person under 14] with respect to that person.
Punishment

(2) Every person who commits an offence under subsection (1) [child luring – offence]

(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year*; or
(b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months*.

[omitted (3) and (4)]
2002, c. 13, s. 8; 2007, c. 20, s. 1; 2008, c. 6, s. 14; 2012, c. 1, s. 22; 2014, c. 25, s. 9; 2015, c. 23, s. 11.
[annotation(s) added]

CCC (CanLII), (DOJ)


Note up: 172.1(1) and (2)


April 2020 to present

Case Name Prv. Crt. Sentence Summary
R v Wall, 2023 ABPC 3 (CanLII) AB PC 2 years less a day CSO
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R v Misay, 2021 ABQB 485 (CanLII), per Renke J AB SC 15 months
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Keywords: None
R v Rasiah, 2021 ONCJ 584 (CanLII), per Pratt J ON PC 18 months
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Keywords: None
R v Storey, 2021 ONSC 1760 (CanLII), per Smith J ON SC 5 years (global) "In Storey, the Court agreed that a sentence of 4 to 5 years for sexual interference by 21-year-old on a 13-year-old was a fit and proper sentence. He then reduced it to 45 months to account for remand credit. The two were in a relationship that advanced quickly to full sexual intercourse on multiple occasions without protection. The offender was on a disability pension program due to intellectual disability. However, the court did not find that it reduced his moral blameworthiness. On the other hand, he was a good prospect for rehabilitation as he had a long history of willing participation in counselling and therapy. The Court, at paragraph 44, interpreted the direction in Friesen that a mid to upper single-digit sentence will be appropriate even for a first offender having been involved in a single incident as meaning five years." (Quoting from R v Wood, 2021 NSSC 253)
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Keywords: None
R v Clement,
[2021] O.J. No. 1820 per Boxall J
ON 3.5 years imprisonment Offender plead guilty to child luring and possession CP.
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Keywords: None
R v Moolla, 2021 ONSC 3702 (CanLII), per Code J ON SC 3.5 years imprisonment
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R v Jissink, 2021 ABQB 102 (CanLII), per Michalyshyn J AB SC 1 year imprisonment
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R v Wolff, 2020 BCPC 174 (CanLII), per Mrozinski J BC PC 18 months
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R v IP, 2020 ONSC 1754 (CanLII), per Sosna J ON SC 8 years (global)
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R v Crawford, 2020 ONCA 790 (CanLII) ON CA
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Keywords: None
R v Aguilar, 2021 ONCJ 87, per Ghosh J ON PC 14 months
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Keywords: None

2000 to April 2020 (R v Friesen)

Case Name Prv. Crt. Sentence Summary
R v Pentecost, 2020 NSSC 277 (CanLII), per Bodurtha J NS SC 120 days
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R v Reeves, 2020 ABQB 78 (CanLII), per Clackson J AB SC 1 year The judge "imposed a sentence of 10 months incarceration on a 45-year-old offender with no criminal record and who lost his career as a social worker as a result of the offence. The s 172.1(1) communication in Reeves was longstanding but was not sexual in nature. There was no trust relationship between the offender and the complainant."
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Keywords: None
R v Lemay, 2020 ABCA 365 (CanLII), per curiam AB CA 4 years (interference)
18 months (luring)

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Keywords: None
R v Chicoine, 2019 SKCA 104 (CanLII), per Ryan-Froslie JA SK CA 15 years imprisonment
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R v Barnes, 2020 CanLII 10535 (NL PC), per Orr J NL PC 7 months
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R v Faroughi, 2020 ONSC 780 (CanLII), per Leibovich J ON SC 7 months
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R v HO, 2020 ONCJ 69 (CanLII), per Javed J ON PC 8 months
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Keywords: None
R v Harris, 2019 ONCA 193 (CanLII) ON CA 18 months "the appellant was sentenced to 18 months jail. He had posted two ads on Craigslist, one entitled “Daddy’s dirty Slut.” An undercover officer, posing as a 14 year old girl, made contact with the appellant. He often steered the direction of the conversation to sexually explicit matters. The communication took place over the course of two months. A meeting was arranged and the appellant met at the designated spot carrying a peanut butter and jelly sandwich as requested by the undercover officer." [1]
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Keywords: None
R v Saad, 2019 ONCJ 527 (CanLII), per Band J ON PC 6 months
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R v McNaughton, 2019 ONCJ 917 (CanLII), per Mackay J ON PC 15 months The offender engaged in discussions in chatrooms, over email or over text message with an undercover officer posing as a mother of two teenage girls. The defendant also engaged in sexual conversations with “Maddie” who he believed to be the 13 year old daughter of Melanie but was the undercover officer as well. He stated he wanted to perform oral sex on her and for her to perform oral sex on him. He expressed he wanted to have sex with her and that they would use condoms. The chats between the two span hundreds of pages between January 11 and January 30th, 2018."
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Keywords: None
R v RA, 2019 ONCJ 684 (CanLII), per Band J ON PC 12 months
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R v May, 2019 ONCJ 725 (CanLII), per Mackay J ON PC 15 months
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R v Leduc, 2019 QCCQ 8586 (CanLII), per Gauthier J QC PC 12 months
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R v Sutherland, 2019 NWTSC 45 (CanLII) per Charbonneau J NWT SC 1 year " a 50-year-old first offender who coached the complainant in gymnastics and was accordingly in a trust relationship with her. He pleaded guilty to a 172.1(1)(a) communication for the purpose of facilitating the offender of being in possession of child pornography. In one of the photographs he sent her through the Snapchat application, his penis was exposed. In another communication he asked her to remove her clothes. The enumerated secondary offence was not committed."
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Keywords: None
R v Fawcett, 2019 BCPC 125 (CanLII), per Frame J BC PC 6 months CSO
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R v Parks, 2019 ONCJ 478 (CanLII), per West J ON PC 18 months "The 57-year-old accused who had no prior criminal record communicated with an undercover police officer who he believed was the mother of a young child. He encouraged the mother to make her child available to him for sexual purposes and was arrested when he attended to meet with the child to carry out the sexual contact. The conduct extended over 24 days with over 200 texts and 30 emails detailing sexual activities involving Sara’s daughter. The emails and texts involved graphic, disturbing, and very detailed descriptions of sexual acts involving an 11-year-old girl. Mr. Parks was prepared to target a vulnerable child in abhorrent, repugnant sexual activities including sexual intercourse, anal intercourse, fellatio and cunnilingus."
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R v Hems, 2019 ONCJ 779 (CanLII), per Bliss J ON PC 6 months
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R v Saffari, 2019 ONCJ 861 (CanLII), per Henschel J ON PC 5 months
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R v Ly, 2019 ONCJ 120 (CanLII), per Rabley J ON PC 5 years
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R v Alcantara, 2019 MBPC 67 (CanLII), per Rolston J MB PC 1 year
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R v Rouleau, 2018 QCCQ 7413 (CanLII), per Blanchard J QC PC 9 months
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R v JB, 2018 CanLII 101022 (NL PC), per Gorman J NL PC 4 years
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R v Hathaway, 2018 BCPC 342 (CanLII), per Mrozinski J BC PC 6 months
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R v Carter, 2018 CanLII 3123 (NL PC), per Gorman J NL PC 2 years imprisonment
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R v AH, 2018 ONCA 677 (CanLII) ON CA 15 months "the appellant sent a friend of his twin daughters Facebook messages with explicit requests for sexual contact and pictures of his penis. In addition, he sent a picture of a man and a woman in a sexual position. The victim was just 15 years old. He was convicted after trial. He continued to deny he committed the offence and expressed no remorse. The Court upheld the 15-month jail sentence." [2]
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R v Haniffa, 2018 ONCJ 960 (CanLII), per Kenkel J ON PC 12 months "the accused responded to an online prostitution advertisement for “young girls”. Unaware he was speaking with an undercover officer, he negotiated a price for sexual services and drove to a hotel to have sex with a 15 year old girl. He was arrested by police at the hotel. Kenkel J. convicted Mr. Haniffa and sentenced him to 12 months jail. Included in Haniffa is a review of related post-trial “project Raphael” cases[9] where an undercover officer posed as girls, between 15 and 16 years old, working as prostitutes. The sentences ranged from 9 to 14 months jail"
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Keywords: None
R v Butler, 2017 YKSC 63 (CanLII)Template:PerTC YK SC 1 year
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R v Mills, 2017 NLCA 12 (CanLII), per Welsh JA NL CA 14 months
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R v Crant, 2017 ONCJ 192 (CanLII), per Shamai J ON PC 9 months CSO
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R v Wheeler, 2017 CanLII 86656 (ON SC), per Hockin J ON SC 1 year
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R v McLean, 2016 SKCA 93 (CanLII), per Ottenbreit JA SK CA The offender pleaded guilty to luring, possession of child pornography, extortion, making child pornography and interference.
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Keywords: None
R v Janho, 2016 ONSC 7099 (CanLII), per Hackland J ON SC 1 year
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R v Himes, 2016 ONSC 249 (CanLII), per Fregeau J ON SC 6 months
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R v Gowdy, 2016 ONCA 989 (CanLII), per Watt JA ON CA 1 year Offender lured a virtual 15-year-old boy.
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R v Pitts, 2016 NSCA 78 (CanLII), per Bourgeois JA NS CA
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R v Vergara-Olaya, 2016 MBQB 130 (CanLII), per Toews J MB QB 1 year
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R v Adams, 2016 ABQB 648 (CanLII), per Clackson J AB SC 12 years, 3 months (global)
18 months (luring)
The offender was convicted of luring, interference, distribution of child pornography.
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Keywords: None
R v Hammermeister, 2016 ABCA 302 (CanLII) AB CA 1 year
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R v Miller, 2016 SKCA 32 (CanLII), per Lane JA SK CA 3 years imprisonment "the offender was 19 and the victim was 13. He was convicted of sexual assault and luring. The offender communicated with the complainant via social media for about six months, after which he assaulted her. The offender pursued a sexual relationship in their communication on social media. The trial judge found that the relationship that the offender pursued was planned and deliberate, which was an aggravating factor. The trial judge found the offender's relative youth, lack of criminal record, emotional immaturity due to spina bifida, his supportive family, and his reasonable prospects for rehabilitation to be mitigating factors. The judge ordered a sentence of 14 months' imprisonment for the sexual assault and nine months' concurrent for the luring. On appeal, the Court found that the trial judge failed to take into account the offence of luring as a discrete and separate offence from the sexual assault and allowed the Crown's appeal imposing a global sentence of three years' imprisonment." [3]
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Keywords: None
R v McLean, 2015 SKPC 121 (CanLII), per Singer J SK PC 2 years less a day
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R v Reynard, 2015 BCCA 455 (CanLII) BC CA 1 year "the offender pled guilty to child pornography offences and a count of luring. He was sentenced to one year in prison for the luring consecutive to the sentence for the child pornography charges. The Court of Appeal upheld the sentencing judge who found a range of 12 months to two years was appropriate for the luring. The offence was more serious in that case because the communication was sexually explicit. The offender sent a video encouraging the complainant to engage in sexual behaviour." [4]
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Keywords: None
R v Rafiq, 2015 ONCA 768 (CanLII) ON CA 2 years less a day
R v Callahan-Smith, 2015 YKTC 3 (CanLII), per Cozens J YK SC 14 months
R v RB, 2014 ONCA 840 (CanLII) ON CA 4 years
R v Murphy, 2014 ABCA 409 (CanLII) AB CA 2 years imprisonment
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Keywords: None
R v Smith, 2014 ONCJ 543 (CanLII), per Pugsley J ON PC 4 months
3 yrs probation

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R v Vincent, 2014 ONSC 1068 (CanLII), per Ratushny J ON SC 18 months (luring)
18 months (interference)
18 months (global)
Offender was 66 years old communicated with 15 year old. They engaged in sex chat and exchanged pictures of genitals. They met on multiple occasions and engaged in fellatio and nude massaging.
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Keywords: None
R v Mills, 2013 ABPC 181 (CanLII), per Dunnigan J AB PC poss'n (1 year)
making (2 years)
interference (4 years)
luring (1 to 2 years)
Offender is 18 years old. He meets three girls online (age between 13 and 15), gets them to masturbate for him over webcam. He tries to meet up with them. He is successful to meet up with one and have sexual intercourse with her over several years.
R v Mackie, 2013 ABPC 116 (CanLII), per Skene J AB PC 4 years (luring)
11 years (global)
accused communicates with 21 boys and girls between 11 and 16. Extorts them to provide pictures to him.
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Keywords: None
R v White, 2013 CanLII 9507 (NLSCTD), per Stack J NL SC luring (12 months)
making CP (12 months)
Offender met 16 year old on-line, got her to masturbate over webcam, offender recorded it. Joint recommendation.
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Keywords: None
R v Craig, 2013 BCSC 2098 (CanLII), per Bracken J BC SC 15 months imprisonment "the offender was 22 years old and the victim 13. He was sentenced to 15 months' incarceration. In that case, the offender contacted the complainant through a social media site, arranged to meet her, and gave her alcohol, and then at the next meeting, he assaulted her."
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R v Walther, 2013 ONCJ 107 (CanLII), per Bellefontaine J ON PC luring (12 months + Pb) Police impersonate 14 year old girl on internet. Offender chats with girl in sexual manner, masturbates over webcamera, and arranges to meet with girl. Offender also found in possession of child pornography. Offender was on strict release conditions.
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Keywords: None
R v Paradee, 2013 ABCA 41 (CanLII), per Paperny JA AB CA luring (12 months + P)
accessing CP (6 months)
offender pretended to be teenager and seduced 15 year old victim to touch herself. Overturned 90 days given in 2012 ABPC 148. He was 41 years old
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Keywords: None
R v Danielson, 2013 ABPC 26 (CanLII), per Skene J AB PC luring (12 months CSO)
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R v Schroeder, 2012 ABPC 241 (CanLII), per AJ Brown J AB PC luring (21 months less a day CSO)
poss'n CP (90 days)
Offender possess 4 images, 5 videos of child pornography--Over a period of 9 days, accused chatted with undercover officer posing as a 13 year old girl--conversation became sexual-they arranged to meet up and he was arrested upon arrival, condoms were found on him at time or arrest--police found 218 chats with other adults discussing sexual acts with children
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R v Somogyi, 2011 ONSC 483 (CanLII), per J Wilson J ON SC luring (22 months CSO + P) three counts of luring--conversation with two undercover officers posing as 14 year old girls--conversation was sexual--he masturbated on webcam--encouraged girls to masturbate--no attempts to meet up--offender was 45 years old, married--possessed 113 images and 6 videos of child pornography that were deleted--offender had a number of physical disabilities--prior conviction for sexual touching in 1989--given 45 days for child pornography
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Keywords: None
R v Snow, 2011 ONCJ 619 (CanLII), per Blouin J ON PC 18 months imprisonment internet luring; invitation of sexual touching of a minor
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R v Dragos, 2011 ONSC 183 (CanLII), per R Smith J ON SC 18 months + 3yp also convicted of poss’n child porn (1 month), sexual interference (4 months)--downloaded both adult and child porn--communicated with 13 year old girl over 3.5 months--requested her to show him her breasts, he masturbated on webcam--he met with complainant at a hotel which involved some sexual touching--offender was 24 years old, no record, hebephile--low risk of reoffence.
The accused "met the victim in an internet chatroom. Both the victim and the 24 year old appellant used sexualized language. The victim, who was 13 years old, advised she was 14. Approximately 1,000 pages of their electronic exchanges were admitted into evidence. This included instances in which the appellant repeatedly encouraged the victim to expose her breast while he masturbated and exposed his genitals to her. He recorded the images and saved them to his computer. Eventually they met at a hotel and engaged in sexual acts short of intercourse before they were interrupted by police. Mr. Dragos received a global sentence of 23 months for luring, sexual interference, child pornography and indecent exposure; 18 months was apportioned for the child luring." [5]
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Keywords: None
R v Holland, 2011 ONSC 1504 (CanLII), per McDermid J ON SC 18 months + 3 yP three counts of luring--communicated with undercover officer posing as 12 year old girl--wanted to meet girl for sexual activities--sent images of his penis four times, masturbated--arranged meeting and was arrested--offender was 57 years old, no record, married with two children, retired from bank--assessment determined he was low risk and not a paedophile--attempted to minimize actions--believed he was communicating with role playing adult--rejected CSO
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Keywords: None
R v H. (J.J.), 2011 PESC 8 (CanLII), per Mitchell J PE SC 6 months + 2yp offender was age 23, no record, knew 14 year old complainant most of her life through his mother--complainant made first contact, offender immediately began sex-related conversation and continued over 2 months--one failed attempt to meet up--complainant was a foster child and vulnerable--SOIRA
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Keywords: None
R v McCall, 2011 BCPC 143 (CanLII), per Rideout J BC PC 1 year + 3yP communicated with undercover officer posing as 14 year old girl--started chatting about sex early on, asked her to masturbate, discussed oral sex, groomed her, sent obscene images
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R v Porteus, 2011 ONCJ 305 (CanLII), per Harris J ON PC 10 months + 3Y also convicted of invitation to sexual touching--offender was dating victim’s older sister, he would send victim sexual text messages--they discussed having sex, talked about trading images of each other masturbating--offender was 19 years old, victim was 12 years old--56 days remand credit
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Keywords: None
R v Woodward, 2011 ONCA 610 (CanLII), per Moldaver JA ON CA 18 months (luring)
5 years (sex asslt)
4 years (touching)
2 years (invitation)
12 months (obt sex services)
The 30 year old offender contacted the 12 year old victim by email to ask her for sex for millions of dollars.
"[T]he [accused] received a global sentence of 6½ years for luring, sexual assault, touching for a sexual purpose, invitation to sexual touching, and attempting to obtain sexual services for consideration. The victim was 12 years old and the appellant was aged 30. Mr. Woodward engaged in an elaborate and sophisticated plan to have sex with the victim, and tragically his plan succeeded. He had her believe that he would pay her millions of dollars if she had sex with him. Eighteen months of his sentence was apportioned to the child luring. "
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Keywords: None
R v Brown, 2010 ONCJ 664(*no CanLII links) ON PC 10 months + 3 yP communicated with undercover officer posing as 12 year old girl--conversation became sexual, asked to meet for sexual activity--offender was 34 years old, corporal n Canadian Forces--remorseful with suicidal ideation--low risk
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Keywords: None
R v Torwick, 2010 ABPC 233 (CanLII), per AJ Brown J AB PC 18 months CSO communicated with undercover officer posing as a 12 year old girl--offender age 49, posing as 16 year old--masturbated on camera, asked for pictures from her, requested to meet for sex--remorseful--low risk--hebephile
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Keywords: None
R v Porter, , [2010] NJ No 161 (NLPC)(*no CanLII links) NL PC 13 months imprisonment also charged with attempted sexual assault--offender met 13 year old online--over 1 year groomed her to have him come from Australia for sex--he travelled to province and he attempted to kiss her, gave her gifts--no record, married with children--lost job
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R v Miller, 2010 ONCJ 368 (CanLII), per Robertson J ON PC 2 years + 3yP also convicted of child porn--communicated with undercover officer posing as 14 years old, over 2.5 months--offender was 42 but claimed to be 21--conversation of a sexual nature--invited for meet up of a sexual nature--sent image of his penis and other pornography--found in possession of large collection of CP--unrelated record--poor PSR--moderate to high risk
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Keywords: None
R v Hepburn, 2010 ABCA 157 (CanLII), per Hunt JA AB CA 2 years less a CSO
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Keywords: None
R v El-Jamel, 2010 ONCA 575 (CanLII), per Juriansz JA ON CA 12 months CSO The offender was also charged with child porn--contacted an undercover officer posed as 12 year old girl--arranged to meet in person for sex--masturbated on webcam to girl--offender age 24, no record--low risk--appealed 45 days
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Keywords: None
R v Rouse, 2010 ABPC 192 (CanLII), per Allen J AB PC 9 months imprisonment two counts of luring--met 15 year old girl at church, continued conversation on internet--had sexually explicit conversations--he asked her for names of girls interested in sexual activities, asked for sexual activities from her--tried to meet up with her--offender was 21 years old, no record--was on an order not to use internet at the time of the offence--first offence involved meeting a 12 year old online--had girl show him her breasts, invited her over for sex--met at a movie, but no sex--offender was sexually abused as child--moderate risk to reoffend--remorseful. The judge rejected the option of a CSO.
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Keywords: None
R v Aimee, 2010 BCSC 1463 (CanLII), per Fisher J BC SC 16 months imprisonment "[T]he offender was convicted by a jury of two counts of sexual interference and two counts of communicating by computer with persons under 18 for the purpose of facilitating a sexual assault. The offender also pled guilty to obstructing justice. The offender was 29. Both complainants were under the age of consent. The offender was sentenced on the basis that he had intercourse with each of the complainants when he had failed to take all reasonable steps to ascertain their ages."
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Keywords: None
R v Gibbon, 2009 ABPC 265 (CanLII), per Barley J AB PC 2 years less a day CSO offender communicated with a 14 year old girl online--he emailed erotic stories to the girl and attempted to arrange a meeting
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Keywords: None
R v MacIntyre, 2009 ABPC 177 (CanLII), per Malin J AB PC 18 month CSO offender communicated with an undercover officer posing as a young girl--offender exposed himself on a webcam and engaged in fondling himself, he directed her to internet sites containing sexual materials
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Keywords: None
R v Armstrong, 2009 ABPC 45 (CanLII), per Fradsham J AB PC 8 months + 3yP 3 counts of luring--committed one of them while on bail for previous--prior record for indecent and harassing phone calls--offender was disabled--high risk to reoffend--CSO rejected--2 years less a day before remand time
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Keywords: None
R v Alicandro, 2009 ONCA 133 (CanLII), per Doherty JA ON CA 90 days + 2yP conversation with undercover officer posing as a young girl--quickly starts on sexual topics, asked for picture--sent picture of his picture
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Keywords: None
R v Golden, 2009 MBCA 107 (CanLII), per Freedman JA MB CA 18 months (global) "the offender, who was 23 years old and a first-time offender at trial, was sentenced to 12 months for luring plus an additional e18 months for making child pornography. The accused had a wide range of support, was a low risk to reoffend, was remorseful and was seeking professional help. The Court found that the combined sentence of 30 months was unfit and instead made the two sentences run concurrent to each other, varying the sentence to 18 months." Also charged with possession of child pornography. Appeal from 30 months.
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Keywords: None
R v Nichol, 2009 BCPC 124 (CanLII), per Rideout J BC PC 20 months + 3yP communicated with undercover officer posing as 13 year old girl in chat room--sexual conversation, sent image of penis--initially made excuses on arrest--arrange to meet for sex--prior youth record for sexual assault--history of alcohol abuse--moderate risk of reoffence.
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Keywords: None
R v Bergeron, 2009 ONCJ 104 (CanLII), per Schnall J ON PC 2 years less a day (luring)
?? (distrib. CP)
Over several months, the offender communicated with undercover officer posing as 12 year old girl. He engaged in explicit conversation, send child porn images. He masturbated on webcam and encouraged her to engage in sex acts. The offender aged 59, no record. He claimed the offence was motivated by boredom and depression. He was considered a low risk to re-offender.
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Keywords: None
R v Daniels, 2008 ABPC 252 (CanLII), per Semenuk J AB PC 15 months + 3yP The offender plead guilty to one count of luring. He responded to graffiti on a park bench, and then spoke with an undercover officer posing as 16 year old girl. He asked to meet up for sex. The judge says starting point for luring with no record is 12 months. The offender was 28 years old, prior conviction for interference and other offences. He was considered a high risk of reoffence. The judge rejected a request for a conditional sentence.
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Keywords: None
R v Legare, 2008 ABCA 138 (CanLII), per Watson JA AB CA
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Keywords: None
R v Read, 2008 ONCJ 732 (CanLII), per Bourque J ON PC 90 days over 3 months, met undercover officer posing as 14 year old in chat room--sexual conversation, showed her his buttocks and penis on webcam--arrange meeting--did same thing with officer posing as another girl--offender was 41 years old, no record--psych assessment shows no pedophilia
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Keywords: None
R v Bono, 2008 CanLII 58426 (ON SC), per DiTomaso J ON SC 20 months imprisonment
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R v M(JA), 2007 SKPC 44 (CanLII), per Huculak J SK PC 1 year imprisonment guilty of luring, sex assault, distrib. child porn--offender engaged in conversation with undercover officer posing as 13 year old--in webcam he exposed his penis--expressed interest in incest and sex with young girls--offender had a 7 year old daughter--confessed to sexual touching of daughter 9 times, including oral sex-- transmitted it online--given 2.5 years for sexual assault and child porn charges
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R v Innes, 2008 ABCA 129 (CanLII), per curiam AB CA 3 years two counts of luring, once count of making child porn, one count extortion--global 6 years--offender posed as teen girl and became friends with a 13 year old--sent her sexually explicit videos, and had her transmit video of herself doing sexual acts--he revealed his true age and blackmailed her to put on more shows--other incident involved failed attempt at having a14 year old transmit a similar show--offender's computer had 181 child porn videos--offender aged 24, no record--appeal from 2007 ABPC 237
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R v Lithgow, 2007 ONCJ 534 (CanLII), per Blouin J ON PC 1 year CSO also convicted of sexual exploitation--offender was teacher of 14 and 15 year old girls--over 2 years, they chatted over email, conversations became sexual, evolved to meeting and sexual touching--offender had consensual sex with one girl while she was in grade 11 multiple times--offender was late 50s, no record, lost job due to charges
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R v Dhandhukia, 2007 CanLII 16628 (ON SC), [2007] OJ No 1846, 2007 CarswellOnt 3002, per McDermid J ON SC 1 year + 3YP convicted at trial--communicated with undercover officer posing as 12 year old girl--only one conversation--made plans to meet for sexual activities--offender was 38 years old, no record, immigrated to Canada in 2001, university graduate, married--rejected CSO
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R v Gurr, 2007 BCSC 1586 (CanLII), per Powers J BC SC 1 year also convicted of child porn--possessed 200 images-- offender gave out fliers at mall offering modeling recruiting--undercover officer posing at 13 year old responded by email--agreed to meet at mall--arrested and found condoms and camera--offender was 33 years old, no record--medium risk to re-offend
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R v Thain, 2007 CarswellOnt 9903(*no CanLII links) ON SC 9 months imprisonment over 4 months, offender communicated with undercover police officer posing as 13 year old girl in chat room--grooming conversations about masturbation--arrested at meet up--offender was 37 years old, no record, employed as pilot--lost job due to charges--diagnosed with sex addiction, attended counselling--on bail for 45 months--CSO rejected
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R v Fortin, 2007 QCCQ 1116 (CanLII), per Laflamme J QC PC 3 months CSO + 3 yP offender arranged to meet with 13 year old at night--intention for sexual activities--never met up--offender was aged 49, married with 3 children--significant media coverage--lost job-- low risk
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R v Jarvis, 2006 CanLII 27300 (ON CA), per Rosenberg JA ON CA 6 months +3yP offender conversed with an undercover posing as 13 year old--sent images of his penis, had sex-related conversation--he asked to meet up, they plan to meet in a park--otherwise good character--hebephile
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R v Randall, 2006 NSPC 38 (CanLII), per C Williams J NS PC 1 year CSO incident not predatory, just poor judgement --no related record -- low risk
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R v Horeczy, 2006 CanLII 40775 (MB PC), per Corrin J MB PC 15 months imprisonment 7 counts of luring involving different children--met with girls age 13 to 15 in online chat rooms--encouraged to meet them in person for sexual activities--was exploitative of the children
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R v Brown,
2006 CanLII 12302 (ON SC), , 2006 CarswellOnt 2329, per Whalen J
ON SC 1 year + 3yP offender, age 23, met 13 year old in an online game--romantic interest between them--victim originally said she was 17, later revealed real age--victim ran away from home--offender was cooperative with police--diagnosed with schizophrenia--SOIRA 10 years
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R v Deck,
2006 ABCA 92 (CanLII), AJ No 333
AB CA 6 years (global)
1 year (luring)
 ? years (interference)
"The Appellant was 37 years old and the complainant was 13 and with a low I.Q. and a disorder which impaired social judgment. Vaginal and anal intercourse. ... Criminal record for alcohol offences. Plied the victim with alcohol. Victim impact statement demonstrated major harm. Luring and actual sexual contact as a consequence is aggravating."
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R v Symes, [2005] OJ No 6041 (C.J.)(*no CanLII links) ON PC 12 months imprisonment two counts of luring--offender was 36 years old, former pastor--communicated with undercover officer posing as child--offender arranged meeting with child and was arrested--tested positive for attraction to children
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R v Kydyk, 2005 CarswellOnt 6530 (Ont. C.J.)(*no CanLII links) ON PC 9 months + 3yP also convicted of possession of CP--communicated with undercover officer posing as a 13 year old girl in chat room--he talked about sexual topics and asked to meet in person--sent picture of his penis--arrested at meeting point--had condoms with him--found CP at his home--offender was 39 years old, no record, employed, looks after parents--lost job--SOIRA 10 years
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R v Folino, 2005 CanLII 40543, per McMurtry CJ ON CA 18 months CSO + 3yP offender contacted undercover officer posing as 13 year old--engaged in sexually explicit conversation--arranged to meet her for sex activities--no record, married--developed health problems-- appeal from 9 months jail
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R v Harvey, [2004] OJ No 1389 (Ont. C.J.)(*no CanLII links) ON PC 1 year + 3yP also charged with poss’n of child porn (6 images)--communicated with undercover police officer posing as 13 year old girl in chat room--engaged in sexual conversations--total of 34 conversations--offender was 61 years old--diagnosed as a pedophile--moderate to low risk--no record, career as teacher and principal--6 months remand
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R v Hoogenboom, 2004 ABPC 150 (CanLII), per AJ Brown J AB PC 12 months + 3yP 47 year old man has conversations with 13 year old girl, encouraged her to send lewd photos of herself--offender has prior record of sexual interference with step-daughter (18 month CSO)
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R v Jepson, (2004), 2004 CarswellOnt 6225 (Ont. SCJ)(*no CanLII links) ON SC 1 year + 3yP over 3 weeks, communicated with undercover police officer posing as 13 year old girl in chat room--wanted to meet--fix images of child pornography were found on computer-- offender aged 44, no record--heart problems-- moderate to low risk of reoffence
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R v Blanchard, (2003) OJ No 5510 (SCJ)(*no CanLII links) ON SC 12 months (JR) 25 year old offender had a single conversation with an undercover officer posing as a 12 year old girl--offender sent photos of himself and penis, discussed sexual acts--found 27 images of child porn on his computer
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Making Sexually Explicit Materials Available to Child

Case Name Prv. Crt. Sentence Summary

Agree or Arrange a Sexual Offence Against Child

Case Name Prv. Crt. Sentence Summary
R v Gardner, 2017 BCPC 85 (CanLII), per Phillips J BC PC 2 years (making CP)
2 years (Agreeing)
4 years (global)
The "offender who pled guilty to making child pornography and luring by making an agreement with another person. His communications were with a police officer posing as the mother of a child. He had a dated but related conviction." He made written materials that graphically detailed the sexual exploitation of a 6-year-old.
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