Child luring charges and potential punishments under Section 172.1 of the Criminal Code of Canada

Child luring offences are codified in Section 172.1 of the Criminal Code of Canada. Luring charges normally involve using the internet to communicate with a child under the age of 18 for the purpose of committing a specifically enumerated criminal offence. Various offences are included depending on the age of the child.

Below we have listed the names of the included criminal luring offences below (see *note) for each section corresponding to specific victim ages. It is important to note that child abduction charges are included for those under age 16 and as such sexual intent does not necessarily have to be proven to be guilty of child luring. Offences involving younger children also result in longer prison sentences upon conviction.

The offence of luring a child is codified in Section 172.1 (1) of the Criminal Code, which reads:

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), section 155, 163.1, 170, 171 or 279.011 or subsection 279.02(2), 279.03(2), 286.1(2), 286.2(2) or 286.3(2);

*note included offences:
s. 153(1) = sexual exploitation
s. 155 = incest
s. 163.1 = child pornography
s. 170 = parent/guardian procuring
s. 171 = permitting prohibited sexual activity
s. 279 = human trafficking
s. 286 = prostitution

(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 or 152, subsection 160(3) or 173(2) or section 271, 272, 273 or 280 with respect to that person; or

*note included offences:
s. 151 = sexual interference
s. 152 = invitation to sexual touching
s. 160(3) = bestiality
s. 173(2) = exposure
s. 271 = sexual assault
s. 272 = sexual assault with a weapon
s. 273 = aggravated sexual assault
s. 280 = child abduction

(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 with respect to that person.

*note included offence:
s. 281 = abduction under age 14

Talking to someone underage does not alone constitute child luring. It must be for the purpose of committing one of the above noted included offences for each age range defined by the Criminal Code.

Punishments and consequences of child luring under s. 172.1 (2) of the Criminal Code

Child luring is an extremely serious criminal offence to be accused of in Canada because it requires a mandatory minimum jail sentence of at least 6 months if the accused is ultimately found guilty. The maximum possible sentence is 14 years in prison. The length of the sentence will depend on aggravating factors such as prior charges, but the judge by law cannot go any lower than 6 months in custody even for first time offenders.

The punishment for luring a child is codified in Section 172.1 (2) of the Criminal Code, which reads:

Punishment

172.1 (2) Every person who commits an offence under subsection (1)

(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.

In addition to going to jail or prison for a long time, offenders will receive a mandatory criminal conviction record (criminal record) for the rest of their life and face other ancillary orders such as sex offender (SOIRA) registration. The names, location, mugshot and age of the accused may also be released to the public by the police or otherwise reported on in the media.

If you have been charged with luring a child or any sexual offence, call us today at 647-228-5969 for a free case evaluation.

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