SELECTED CASE LAW

NOVA SCOTIA:

2010 NSSC 253

In 2010 NSSC 253, Mr. S was charged with unlawfully using a computer to communicate with a person believed to be under the age of 14 for the criminal purpose of luring a child and inviting the child to sexual touching. He was also charged with unlawfully obtaining a computer service without a colour of right by accessing his neighbour’s wifi without consent. An undercover police officer acting as a 13-year-old boy began communicating with Mr. S in a teen chatroom where Mr. S sent sexually explicit messages and images and encouraged the boy to touch himself sexually. After his arrest, Mr. S claimed that he believed he was role playing with another adult man pretending to be an underage boy and argued he thought he was using the wifi from his landlord’s router in his building. He was found guilty of unlawfully using a computer to commit offences against the child, but was acquitted of the unlawful use of his neighbour’s wifi.

 

Criminal Offence(s): Unauthorized Use of a Computer