Child Luring (Sentencing Cases)
| This page was last substantively updated or reviewed February 2024. (Rev. # 96711) |
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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]
April 2020 to present
| Case Name | Prv. | Crt. | Sentence | Summary |
|---|---|---|---|---|
| R v AB, 2024 NSPC 9 (CanLII), per Heerema J | NS  |
PC | "the offender was the 23-year-old karate instructor of his 16-year-old victim, and therefore in a position of trust or authority in that regard. Over the course of several months, he and his teenage child luring victim exchanged texts of a sexual nature, including increasingly intimate photographs and videos of masturbation. He was found guilty after trial in relation to three counts of child luring. Although the offender came from a loving family environment, he had experienced severe and sustained verbal and physical bullying at school, which had led to profound self-esteem and relationship issues. He also was a first-time offender, who had experienced severe collateral consequences as a result of the criminal proceedings and associated media coverage, all of which had led to severe social stigma as well as ostracization from his work and social communities. Moreover, he expressed sincere remorse for his conduct, and the impact which that conduct had on the victim and her family. In the result, he received a custodial sentence of two years less a day, to be served in the community; i.e., a conditional sentence. "(Quoting from R v KE, 2024 ONSC 5581 (CanLII)) Find summaries of case. | |
| R v Bertrand Marchand, 2023 SCC 26 (CanLII), per Martin J | SCC | "The accused was 22-years-old, and the victim was 13 years-old when they began a relationship that lasted for two years. They had sexual intercourse on four occasions – which was the basis for one count of sexual interference that the accused pled guilty to. He also pled guilty to one count of luring for online communication that occurred when he was 24 and the victim was 15 and spanned approximately seven months. At trial, the judge sentenced the accused to 10 months of custody for the sexual interference, and after finding that the mandatory minimum punishment in s. 172.1 was unconstitutional, imposed a period of 5 months of custody, concurrent for the luring. The Quebec Court of Appeal dismissed an appeal by the Crown. The Supreme Court of Canada agreed that the mandatory minimum was unconstitutional in relation to a reasonably foreseeable offender but increased the luring sentence to 12 months of custody, consecutive." (Quoting from R v AB, 2024 NSPC 9 (CanLII)), at para 44
| ||
| R v Collins, 2023 ABKB 134 (CanLII), per Devlin J | AB  |
SC |
| |
| R v Wall, 2023 ABPC 3 (CanLII) | AB |
PC | 2 years less a day CSO | "Judge Groves sentenced an offender to a CSO for luring. The 22-year-old offender communicated with his girlfriend’s 15-year-old sister online over a two-month period. He requested nude photos and sent messages encouraging her to meet up with him for sexual contact. She eventually sent him photos with her breasts exposed. The offender had no record and experienced a traumatic childhood involving family separation and abuse. The offence only came to light because he self-reported to police and took full responsibility before the complainant came forward. Otherwise, the offence might never have been discovered. Judge Groves held that these were exceptional circumstances that justified a CSO of two years less a day, followed by two years of probation."(Quoting from R v Murphy, 2023 ABPC 47 (CanLII)), at para 42 "the offender was sentenced to a two-years-less-a-day CSO upon pleading guilty to luring. He had exchanged sexually explicit text and picture messaging with the victim, who was his then girlfriend’s younger sister, and asked her to meet him for sexual contact. He was 22 years old and eventually reported his own behaviour to the Edmonton Police Service. The court noted that, unlike many other cases, no physical contact occurred between the offender and the victim (paras 57-59). The Court also stated that society’s paramountcy of protecting children does not mean that every offender who commits a sexual offence against a child must be incarcerated (paras 64-66)." (Quoting from R v Roy, 2023 ABCJ 262 (CanLII)), at para 64
|
| R v Brunet, 2023 QCCQ 5562 (CanLII), per Jacques J | QC  |
PC | "The 23-year-old accused was the karate instructor of the 16 year-old victim. Over numerous months, texts of a sexual nature were exchanged, including photographs and videos of masturbation. The court found the mandatory minimum sentence of six months under s. 171.1(2)(a) to be unconstitutional and imposed a sentence of two years less one day to be served in the community."(Quoting from R v AB, 2024 NSPC 9 (CanLII)), at para 44
| |
| R v Mootoo, 2022 ONSC 384 (CanLII), per Davie J | ON  |
SC | 3.5 years imprisonment | "The accused met the 15-year-old victim online. Within days, she stayed over at his apartment for a night. He was found guilty of “attempting to procure a child under the age of 18 to provide sexual services for money, possessing child pornography, possessing child pornography for the purpose of distribution, making sexually explicit material available to a person under the age of 16, luring a child under the age of 16, and inviting a person under the age of 16 to touch herself in a sexual manner.” He had a prior unrelated criminal record and was sentenced to three and a half years of imprisonment." (Quoting from R v AB, 2024 NSPC 9 (CanLII)), at para 41 Find summaries of case. |
| R v Gould, 2022 ONCJ 187 (CanLII), per Latimer J | ON |
PC | Find summaries of case. | |
| R v Misay, 2021 ABQB 485 (CanLII), per Renke J | AB |
SC | 15 months | Find summaries of case. |
| R v Rasiah, 2021 ONCJ 584 (CanLII), per Pratt J | ON |
PC | 18 months | Find summaries of case. |
| 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)
|
| R v Bains, 2021 ABPC 20 (CanLII), per Semenuk J | AB |
PC | 5 years imprisonment (global) |
Find summaries of case. |
| R v Clement, [2021] O.J. No. 1820 per Boxall J |
ON |
2.5 years imprisonment (luring) 1 years imprisonment (poss'n) |
"the Court also imposed a sentence of four and a half years after Mr. Clement pleaded guilty to luring a child and possessing child pornography. Mr. Clement sent sexually explicit images to a 7-year-old child, including a video of him masturbating. Mr. Clement continued to communicate with the child after the child’s mother told him to stop and threatened to call the police. When the police searched Mr. Clement’s computer, they found a “sizeable” collection of child pornography. The Court found the offences were particularly serious given the age of the victim and Mr. Clement’s persistence in his communications. There were, however, several important mitigating factors. Most importantly, Mr. Clement pleaded guilty at an early stage in the proceedings. He expressed remorse. He was on strict bail conditions for a year during which he took treatment for addiction. The Court imposed a two-and-a-half-year sentence for the luring charge and twelve months for the child pornography charge to be served consecutively." (Quoting from R v Mootoo, 2022 ONSC 384 (CanLII)), at para 35
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| R v Collier, 2021 ONSC 6827 (CanLII), per McArthur J | ON |
SC | "McArthur J. declined to follow Code J.’s ruling in R. v. Moolla that the new sentencing range in child luring cases should be three to five years imprisonment. Mr. Collier was convicted of luring, making sexually explicit material available, possession of child pornography, and making child pornography. Mr. Collier repeatedly communicated with and sent sexually explicit material to an undercover officer who was posing as a 14-year-old girl and six other people he believed to be underage. When the police searched Mr. Collier’s computer they found 19 images that constitute child pornography. McArthur J. accepted the Supreme Court’s direction in Friesen that sentences for luring must increase. But she found there is an “insufficient body of caselaw to properly evaluate where the new range for luring should fall”: Collier, at para. 99. In the end, McArthur J. imposed a global sentence of two years less a day followed by two years probation: Collier at paras. 120-122." (Quoting from R v Mootoo, 2022 ONSC 384 (CanLII)), at para 36
| |
| R v Moolla, 2021 ONSC 3702 (CanLII), per Code J | ON |
SC | 3.5 years imprisonment | "The accused was found guilty of luring, making sexually explicit materials to a child and breaching probation. The accused placed an ad online seeking a sexual relationship with a girl, “at least 16 years and at most 19”. An undercover officer, posing as a 14 year-old girl named “Addison” replied. Lengthy text messages occurred over the following two days, and plans were made for the two to meet near the accused’s condominium. The messages included the accused graphically describing their anticipated sexual activity, and one message included a picture sent by the accused of his penis. The accused was arrested walking toward where he anticipated meeting Addison. The accused had a prior unrelated criminal record and was 35 years old at the time of sentencing. He was sentenced to three and a half years of imprisonment." (Quoting from R v AB, 2024 NSPC 9 (CanLII)), at para 41
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| R v Jissink, 2021 ABQB 102 (CanLII), per Michalyshyn J | AB |
SC | 1 year imprisonment | "The accused pled guilty to one count of luring. He was 43 years-old at the time of the offence and was a teacher at the school of the 16 year-old victim. The accused and the victim would talk occasionally while smoking. The accused added her to SnapChat and over the next few months messaged with her. He sent images of himself with words overlaid saying, “You’re hot” and “LOL, I wanna fuck you.” He apologized the following day and said he was intoxicated when he sent them. It was agreed that the accused had sent similar messages to another student. He was sentenced to 12 months of incarceration followed by 2 years of probation." (Quoting from R v AB, 2024 NSPC 9 (CanLII)), at para 41 Find summaries of case. |
| R v Aguilar, 2021 ONCJ 87, per Ghosh J | ON |
PC | 14 months | Find summaries of case. |
| R v Wolff, 2020 BCPC 174 (CanLII), per Mrozinski J | BC  |
PC | 18 months | Find summaries of case. |
| R v IP, 2020 ONSC 1754 (CanLII), per Sosna J | ON |
SC | 8 years (global) | Find summaries of case. |
| R v Crawford, 2020 ONCA 790 (CanLII) | ON |
CA | Find summaries of case. | |
| R v AB, , 2020 ONSC 7691(*no CanLII links) | ON |
SC | "the Court imposed a 15-month sentence. A.B. was convicted of two counts of sexual assault, two counts of luring a child, and two counts of sexual exploitation. There was one complainant, who was 16 years old at the time. The complainant and A.B.’s son were friends. A.B. convinced the complainant he worked in the modeling industry and could help get her started in modeling, which was her dream. A.B. convinced the complainant to send him photographs, including one of her topless. A.B. told the complainant to keep their communications secret. The Court found that A.B. lured the complainant for the purpose of sexual exploitation and for the purpose of making child pornography. A.B. was also convicted of sexual assault for kissing the complainant and touching her inner thigh. In terms of mitigating factors, A.B. expressed remorse for his conduct and expressed a willingness to take counseling. A.B. had no criminal record. Nonetheless, the Court found that the mitigating factors were “overwhelmed by the aggravating factors.” The Court found A.B.’s moral culpability was “at the higher end of the scale” because he abused a position of trust and took advantage of A.B.’s vulnerability." Find summaries of cases. | |
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 | Find summaries of case. |
| 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." (Quoting from R v Jissink, 2021 ABQB 102 (CanLII)), at para 33 Find summaries of case. |
| R v Lemay, 2020 ABCA 365 (CanLII), per curiam | AB |
CA | 4 years (interference) 18 months (luring) |
Find summaries of case. |
| R v Chicoine, 2019 SKCA 104 (CanLII), per Ryan-Froslie JA | SK  |
CA | 15 years imprisonment | Find summaries of case. |
| R v Barnes, 2020 CanLII 10535 (NL PC), per Orr J | NL  |
PC | 7 months | Find summaries of case. |
| R v Faroughi, 2020 ONSC 780 (CanLII), per Leibovich J | ON |
SC | 7 months | Find summaries of case. |
| R v HO, 2020 ONCJ 69 (CanLII), per Javed J | ON |
PC | 8 months | Find summaries of case. |
| R v Demers, 2020 QCCQ 2656 (CanLII), per Magnan J | QC |
PC | 3 months imprisonment plus 2 years probation | "The accused was 21 years-old while conversing with a police officer, posing as a 13 year-old female. The communications occurred over many months. He sent seven photos of his penis, with the intention to exciting her and inviting her to have sex. The accused pled guilty and had no prior record of offending. The accused was sentenced to three months of custody, followed by two years of probation." (Quoting from R v AB, 2024 NSPC 9 (CanLII)), at para 44 Find summaries of case. |
| R v ER, 2019 ABPC 292 (CanLII), per J | AB |
PC | "Gaschler PCJ sentenced a 56-year old offender who sent some 20 messages to the 15-year-old complainant over a five-week period. The messages were not graphic or explicit but did refer to physical contact with the complainant and did involve sexualized comments about the complainant. The offender had no criminal record and entered an early guilty plea. There was no trust relationship between the offender and the complainant. A sentence of four months imprisonment was imposed, followed by 18 months probation." (Quoting from R v Jissink, 2021 ABQB 102 (CanLII)), at para 32 Find summaries of case. | |
| 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] Find summaries of case. |
| R v Saad, 2019 ONCJ 527 (CanLII), per Band J | ON |
PC | 6 months | Find summaries of case. |
| 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." Find summaries of case. |
| R v RA, 2019 ONCJ 684 (CanLII), per Band J | ON |
PC | 12 months | Find summaries of case. |
| R v May, 2019 ONCJ 725 (CanLII), per Mackay J | ON |
PC | 15 months | Find summaries of case. |
| R v Blood, 2019 PESC 32 (CanLII), per Clements CJ | PEI  |
SC | "The accused pled guilty, mid-trial, to making sexually explicit material available to a person under the age of 16 years. Over a 3 month period, the accused, who was 35 years-old, and a police officer, posing as a 15 year-old female, exchanged emails and text messages. The accused sent nine photographs “of his genital area and in particular a male’s erect penis, accompanied by various comments.” The accused had a dated, minor, and unrelated criminal record. He was sentenced to 10 months of custody, followed by three years of probation."(Quoting from R v AB, 2024 NSPC 9 (CanLII)), at para 44
| |
| R v Leduc, 2019 QCCQ 8586 (CanLII), per Gauthier J | QC |
PC | 12 months | Find summaries of case. |
| R v Sutherland, 2019 NWTSC 45 (CanLII) per Charbonneau J | NWT | SC | 12 months imprisonment | " 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." (Quoting from R v Jissink, 2021 ABQB 102 (CanLII)), at para 34 "The accused was the gymnastics coach of the 17 year-old female victim. He engaged in a series of electronic text messages with her, including suggestive texts. In one message, he sent a picture of him, bare-chested with his penis exposed. The accused was 50 years-old the time of sentencing. He had no record and pled guilty on the morning of his trial. The court imposed a sentence of 12 months of custody."(Quoting from R v AB, 2024 NSPC 9 (CanLII)), at para 44 |
| R v Fawcett, 2019 BCPC 125 (CanLII), per Frame J | BC |
PC | 6 months CSO | Find summaries of case. |
| 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." Find summaries of case. |
| R v Hems, 2019 ONCJ 779 (CanLII), per Bliss J | ON |
PC | 6 months | Find summaries of case. |
| R v Saffari, 2019 ONCJ 861 (CanLII), per Henschel J | ON |
PC | 5 months | Find summaries of case. |
| R v Ly, 2019 ONCJ 120 (CanLII), per Rabley J | ON |
PC | 5 years | Find summaries of case. |
| R v Alcantara, 2019 MBPC 67 (CanLII), per Rolston J | MB  |
PC | 1 year | Find summaries of case. |
| R v Rouleau, 2018 QCCQ 7413 (CanLII), per Blanchard J | QC |
PC | 9 months | Find summaries of case. |
| R v JB, 2018 CanLII 101022 (NL PC), per Gorman J | NL |
PC | 4 years | Find summaries of case. |
| R v Hathaway, 2018 BCPC 342 (CanLII), per Mrozinski J | BC |
PC | 6 months | Find summaries of case. |
| R v Carter, 2018 CanLII 3123 (NL PC), per Gorman J | NL |
PC | 2 years imprisonment | Find summaries of case. |
| 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] Find summaries of case. |
| R v Allen, 2018 ONSC 252 (CanLII), per DiTomaso J | ON |
SC | "The 50 year-old accused was convicted of four counts of luring and one count of making sexually explicit materials available to a child. The convictions related to an online conversation the accused had with an undercover police officer. The accused recommended specific hard and softcore pornography websites to who he believed was a 14 year-old girl. The accused challenged the constitutionality of the mandatory minimum punishment of 90 days of imprisonment (as the matter was proceeded with summarily). The accused argued that all he did was recommend websites, and that given that the victim was not “real,” a fit and proportionate sentence fell below the ninety day minimum punishment. The court disagreed and imposed a period of 90 days of custody." (Quoting from R v AB, 2024 NSPC 9 (CanLII)), at para 44 Find summaries of case. | |
| 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" Find summaries of case. |
| R v Butler, 2017 YKSC 63 (CanLII)Template:PerTC | YK | SC | 1 year | Find summaries of case. |
| R v Mills, 2017 NLCA 12 (CanLII), per Welsh JA | NL |
CA | 14 months | Find summaries of case. |
| R v Crant, 2017 ONCJ 192 (CanLII), per Shamai J | ON |
PC | 9 months CSO | Find summaries of case. |
| R v Wheeler, 2017 CanLII 86656 (ON SC), per Hockin J | ON |
SC | 1 year | Find summaries of case. |
| 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. Find summaries of case. | |
| R v Janho, 2016 ONSC 7099 (CanLII), per Hackland J | ON |
SC | 1 year | Find summaries of case. |
| R v Himes, 2016 ONSC 249 (CanLII), per Fregeau J | ON |
SC | 6 months | Find summaries of case. |
| R v Gowdy, 2016 ONCA 989 (CanLII), per Watt JA | ON |
CA | 1 year | Offender lured a virtual 15-year-old boy. Find summaries of case. |
| R v Pitts, 2016 NSCA 78 (CanLII), per Bourgeois JA | NS |
CA | Find summaries of case. | |
| R v Vergara-Olaya, 2016 MBQB 130 (CanLII), per Toews J | MB |
QB | 1 year | Find summaries of case. |
| 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. Find summaries of case. |
| R v Hammermeister, 2016 ABCA 302 (CanLII) | AB |
CA | 1 year | Find summaries of case. |
| 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] Find summaries of case. |
| R v McLean, 2015 SKPC 121 (CanLII), per Singer J | SK |
PC | 2 years less a day | Find summaries of case. |
| 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] Find summaries of case. |
| 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 | Find summaries of case. |
| R v Smith, 2014 ONCJ 543 (CanLII), per Pugsley J | ON |
PC | 4 months 3 yrs probation |
Find summaries of case. |
| 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. Find summaries of case. |
| 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. Find summaries of case. |
| 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. Find summaries of case. |
| 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." Find summaries of case. |
| 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. Find summaries of case. |
| 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 Find summaries of case. |
| R v Danielson, 2013 ABPC 26 (CanLII), per Skene J | AB |
PC | luring (12 months CSO) | Find summaries of case. |
| 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 Find summaries of case. |
| 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 Find summaries of case. |
| R v Snow, 2011 ONCJ 619 (CanLII), per Blouin J | ON |
PC | 18 months imprisonment | internet luring; invitation of sexual touching of a minor Find summaries of case. |
| 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] Find summaries of case. |
| 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 Find summaries of case. |
| 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 Find summaries of case. |
| 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 Find summaries of case. |
| 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 Find summaries of case. |
| 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. " Find summaries of case. |
| 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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| 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 Find summaries of case. |
| 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 Find summaries of case. |
| R v Hepburn, 2010 ABCA 157 (CanLII), per Hunt JA | AB |
CA | 2 years less a CSO | Find summaries of case. |
| 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 Find summaries of case. |
| 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. Find summaries of case. |
| 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." Find summaries of case. |
| 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 Find summaries of case. |
| 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 Find summaries of case. |
| 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 Find summaries of case. |
| 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 Find summaries of case. |
| 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. Find summaries of case. |
| 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. Find summaries of case. |
| 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. Find summaries of case. |
| 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. Find summaries of case. |
| R v Legare, 2008 ABCA 138 (CanLII), per Watson JA | AB |
CA | Find summaries of case. | |
| 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 Find summaries of case. |
| R v Bono, 2008 CanLII 58426 (ON SC), per DiTomaso J | ON |
SC | 20 months imprisonment | Find summaries of case. |
| 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 Find summaries of case. |
| 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 Find summaries of case. |
| 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 Find summaries of case. |
| 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 Find summaries of case. |
| 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 Find summaries of case. |
| 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 Find summaries of case. |
| 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 Find summaries of case. |
| 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 Find summaries of case. |
| 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 Find summaries of case. |
| 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 Find summaries of case. |
| R v Deck, 2006 ABCA 92 (CanLII), AJ No 333, per curiam |
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." Find summaries of case. |
| 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 Find summaries of case. |
| 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) Find summaries of case. |
| 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. Find summaries of case. |