SELECTED CASE LAW

ONTARIO:

2016 ONCJ 325

In 2016 ONCJ 325, a 17-year-old youth offender, Mr. R, pleaded guilty to four counts of internet luring, one count of possessing child pornography and eleven counts of extortion. Using a fake Facebook account, he contacted three girls between the ages of 12 and 13 asking for naked photos, all three girls reported the incident to the school, who later referred the incidents to the police. Using the same profile, he asked another 13-year-old girl for nude images that included her face, she sent him a picture with her breasts. Once her received it, he demanded more images and nude images of her older sister. Her sister was able to identify who he was. He also contacted a 15-year-old autistic girl, who he demanded nude pictures from and then used those images to try and extort her for more images. He went on to contact nine other people, requesting images and threatening to post them when he received them from four out of the nine. The last girl he contacted was babysitting a 7-year-old, and he directed her to take nude photos of the child and photos of her engaging sexually with the child, she sent a non-sexual picture of the child, which Mr. W threatened to post unless she sent nude pictures.

Mr. W was diagnosed with defiant disorder as a young person and had said he posted the images because he was angry his girlfriend had broken up with him and he wanted others to experience the pain he felt. He showed little empathy for his victims and breached his recognizance while on bail. He received a 6-month custodial sentence, was ordered to not contact the victims or be near females under the age of 16 and not to possess or access any form of pornography. He was ordered not to possess a computer or electronic device without permission from his youth worker, nor contact anyone via a computer or device without using his full name and to ensure he knows the age of the person he is contacting.

 

Criminal Offence(s): Extortion