Child Luring

Child luring involves using technology to communicate with a person under 18—or someone the accused believes is underage—with the intent of facilitating a sexual or exploitative offence. These charges often stem from online chats, social media, text messages, or other digital platforms.

If you’ve been charged with child luring, the consequences can be severe, including mandatory jail time, a criminal record, and restrictions on your freedom. Contact a criminal defence lawyer today at (306) 994-9522 to protect your rights and receive a confidential consultation.

Child Luring: Criminal Code

Under Section 172.1 of the Criminal Code, a person commits child luring when they communicate with a child—or someone they believe is a child—using a means of telecommunication, for the purpose of facilitating certain serious offences.

The law covers three distinct age brackets:

• Under 18 years old: Communicating to facilitate offences such as sexual exploitation, incest, child pornography, or human trafficking.
• Under 16 years old: Communicating to facilitate offences like sexual interference, invitation to sexual touching, or sexual assault.
• Under 14 years old: Communicating to facilitate child abduction.

Telecommunication includes any form of digital communication—email, text messages, social media, online chat rooms, and more.

Key Elements of the Offence

To convict someone of child luring, the Crown must prove beyond a reasonable doubt that:

• The accused communicated using a means of telecommunication;
• The person contacted was under 18, 16, or 14—or was believed to be under that age;
• The accused intended to facilitate a specified secondary offence;
• The accused did not take reasonable steps to confirm the age of the person, if claiming mistaken belief.

This is an inchoate offence, meaning no sexual offence has to actually occur. The offence is considered complete as soon as the prohibited communication with the intent is made.

Potential Penalties and Sentencing for Child Luring

Child luring is a hybrid offence, meaning the Crown can choose to proceed summarily or by indictment. Sentences are often custodial and reflect the serious nature of the offence.

Summary Conviction: Minimum of 6 months in jail and a maximum penalty of 2 years less a day. 

Indictment: Minimum of 1 year in jail and a maximum penalty of 14 years in jail.

Additional Consequences for Child Luring

• Permanent criminal record
• Mandatory registration as a sex offender
• Possible deportation (if not a Canadian citizen)
• Prohibitions on internet and device usage
• Firearms and weapons prohibitions

Accused of child luring? Your future is at stake. Call (306) 994-9522 now for a confidential consultation with a defence lawyer.

Aggravating Factors:

• Length and nature of communication (“grooming” behaviour).
• Sending or soliciting explicit content.
• Attempting to arrange an in-person meeting.
• The victim was particularly vulnerable or young.
• Commission or attempted commission of a sexual offence.

Courts often impose consecutive sentences for child luring and any related offences, such as sexual interference or possession of child pornography.

Defences to Child Luring Charges

A strong defence depends on the facts of the case. Common legal defences include:

• No Intent to Facilitate a Sexual Offence: Mere sexually suggestive communication is not enough—there must be intent to commit a listed offence.
• Reasonable Steps Taken to Ascertain Age: The accused may argue they took appropriate steps to verify the age of the person, especially in “sting” or undercover operations.
• Entrapment: If law enforcement officers induced the accused to commit an offence they otherwise wouldn’t have committed, this may apply.
• No Belief the Person Was a Minor: The accused must have believed the other person was underage. Without this belief, the offence is not made out.

Even if the person was actually an undercover police officer, the offence can still apply if the accused believed they were communicating with a minor.

Child luring cases are legally complex and emotionally charged, with severe penalties upon conviction. An experienced criminal defence lawyer can scrutinize the Crown’s evidence, raise issues like entrapment or mistaken belief of age, and advocate for reduced charges or sentencing—all while safeguarding your rights throughout the process.

Offences Similar to Child Luring

• Sexual Interference (s. 151)
• Invitation to Sexual Touching (s. 152)
• Possession of Child Pornography (s. 163.1)
• Sexual Assault (s. 271-273)

Don’t Face Your Child Luring Charge Alone

An experienced criminal defence lawyer is essential when facing child luring charges. A criminal lawyer can help you navigate the complexities of the legal system, protect your rights, and develop a strong defence strategy tailored to your use child luring case.

Need a Criminal Lawyer? Get a Free Legal Consultation With Nicholas Robinson, Criminal Lawyer

Don't hesitate to reach out to us if you have been charged with child luring. Call (306) 994-9522 and a skilled criminal defence lawyer will discuss your case with you and explore your options.