SELECTED CASE LAW
PPRINCE EDWARD ISLAND:
In 2011 PESC 8, 23-year old J was found guilty of one count of luring a child. Thirty-five Facebook messages were entered into evidence that detailed ongoing sexualized conversations between J and a 14-year old female foster child who lived in J’s mother’s care. No actual sexual activity took place, but the messages revealed extensive planning and a failed attempt that was thwarted when J arrived late at the victim’s home. The messages ended when discovered by a third party.
Defense counsel attempted to secure a conditional sentence for the accused in lieu of the more traditional custodial term, stressing that J never actually engaged in sexual activity with the victim. The Court rejected this logic, finding:
[t]hat, in my view, puts [J]in the same boat as the perpetrator who goes to the agreed location thinking he is to meet the child, only to find out the child is actually an adult police officer. The fact that he didn’t meet the child for the purpose of facilitating the sexual encounter was only because he was late.[1]
However, the Court concluded that a custodial sentence on the lower range was appropriate given that searches of J’s computers revealed no evidence that he was in possession of child pornography or that he had been trolling for other underage youth online. J was ultimately sentenced to 6-months imprisonment and 2-years probation, followed by a number of statutory terms, in addition to several ancillary orders including to provide a DNA sample, and to comply with the Sex Offender Information Registry.
[1] 2011 PESC 8 at 39.
Criminal Offence(s): Luring a Child