What you need to know about the charge of child luring

By LegalMatters Staff • Social media platforms such as Facebook and Snapchat are used to connect to friends and family. They can also be used to lure a child into a sexual encounter.

In 2002 the crime of luring a child was added to the Criminal Code, making it illegal to communicate with someone “who the accused believes is under the age of 18 years” for the purposes of sexual exploitation, incest, child pornography or sexual assault.

To be convicted of child luring, the Crown must prove that someone intentionally communicated with the complainant via a computer for a sexual purpose. It also has to be shown the accused knew, or at least believed, that the person they were communicating with was under the age of consent.

Calgary criminal lawyer Matt Deshaye says a conviction brings harsh consequences, including a maximum 14-year prison sentence.

“The stigma associated with child luring charges can be long-lasting,” says Deshaye. “If you are charged with this crime you need to speak to experienced defence counsel immediately to prevent saying something that can later be used against you.”

For example, he says it does not matter if the accused thought they were talking to someone over the age of 18.

“The Criminal Code states that you must take ‘reasonable steps’ to ascertain the true age of anyone you meet online for sexual purposes,” Deshaye explains. “That could include asking to see a government-issued photo ID or other legitimate forms of proof of age. The burden lies on the accused to confirm the age of the person they are chatting with, especially if sexual arrangements are being made.”

He adds that upon conviction, an offender’s fingerprints and other details may be added to the federal sex offender registry.

“A conviction can also bring serious personal consequences, such as the loss of friends and the trust and support of family members along with damage to your reputation within the community,” Deshaye adds.