Canadian Criminal Sentencing/Offences/Child Luring

Application

 * For general principles on sentence for sexual offences, see Sexual Offences

Principles
The purpose of the enactment of s. 172.1 was "to shut [the] door on predatory adults who, generally for a sexual purpose, troll the Internet for vulnerable children and adolescents. Shielded by the anonymity of an assumed online name and profile, they aspire to gain the trust of their targeted victims through computer "chats" -- and then to tempt or entice them into sexual activity, over the Internet or, still worse, in person.”

The focus should be on denunciation and deterrence resulting in some institutional time.

The starting point for luring with no record is 12 months and typically runs as high as 24 months. Where there is a record the range is between 15 and 24 months. Two years or more is usually where the offence includes another related sexual offence.

Aggravating

 * Age or simulated age of complainant
 * the offender sending explicit images to victim
 * amount of grooming done by offender (amount of sex talk, encouragement to perform sex acts)
 * communications over a long duration
 * offender attempted to arrange a meeting
 * meeting resulted in sexual assault or attempt
 * offence included the creation of child pornography

Mitigating

 * youthful offender
 * offender close in age to complainant
 * complainant was simulated by undercover officer

Conditional Sentences
Conditional sentences have been said to be available in the "rarest of cases". Other courts have commented that this "rareness" standard is too strict. It was suggested that at the least, exceptional circumstances are expected:
 * 1) a negligible risk of recidivism
 * 2) acceptance of responsibility
 * 3) Participation and progress in an appropriate treatment program
 * 4) a devastating impact on the offender and his family
 * 5) assaults by other inmates while in custody awaiting release
 * 6) medical evidence suggesting incarceration would put him at “risk of fatal dissociation culminating in possible suicide..." and being in a "very fragile mental and physical state”.

Recommended Probationary Terms

 * No contact with victim or victim's family (if facts involve actual child)
 * No contact with persons under age of 16 or 18
 * No access or possession of devices capable of accessing the internet
 * Treatment/Counselling
 * No alcohol or drugs (if facts involve them)

Ancillary Orders

 * SOIRA Order (Mandatory as designated offence under s. 490.011 (1)(a))
 * DNA Order (Mandatory as a "primary designed offence" under s. 487.04(a))
 * section 161 Order (discretionary)
 * Forfeiture Order of computer equipment (s.164.2)