SELECTED CASE LAW

ALBERTA:

2011 ABPC 354

In 2011 ABPC 354, Mr. M, a 26-year-old man, pleaded guilty to 16 counts of internet luring, sexual interference, invitation to sexual touching, extortion, counselling individuals to commit sexual interference, and possessing, accessing, making, and distributing child pornography.

Over a 16-month period Mr. M would meet prepubescent and teen girls on the internet and ask them to send videos and pictures of themselves to him, either nude or engaging in sexual activity. He tried to convince them to have unprotected sex with him so he could get them pregnant. There was evidence that he had interacted with over 300 girls during that time period, but the police could only identify nine of them. The girls that were identified were between the ages of 10-15 years old. His conversations included sexually graphic and violent language. Two of the girls he communicated with he convinced to have unprotected sex with him. He also asked the girls he chatted with online to find girls as young as seven years old, so he could drug them and have sex with them. If he received nude or sexual pictures, he would threaten to distribute the pictures to the girls’ parents unless they sent more pictures of themselves or other girls, or en-gaged in sexual activity with him.

Aggravating factors included the girls’ young age (10-15 years old), the length of the time the offences occurred (over a 16-month period), the level of deliberation and persistence, the dis-regard for the impacts on the victims psychological and sexual integrity, his attempts to access even younger girls, his diagnosis as a pedophile and a paraphile with a high risk of re-offending, the unprotected sexual assaults of the two girls, and the child pornography in his possession related to his interests in prepubescent girls were aggravating factors.

He was sentenced to a 10-year period of incarceration, as well as ancillary orders to provide a DNA sample, be registered as a sex offender for life, and a prohibition on being near young people or places with young people.

Criminal Offence(s): Extortion, Luring a Child, Invitation to Sexual Touching, Child Pornography, Sexual Interference