2012 ABPC 338

In 2012 ABPC 338, an 18-year-old woman, Ms. D, was charged with criminal harassment, possessing, accessing and distributing child pornography after distributing the nude photos of a 14-year-old female acquaintance.

Pursuant to a plea bargain, Ms. D pleaded guilty to criminal harassment and the Crown with-drew the other three charges. Ms. D and her 17-year-old male friend (the original recipient of the nude photos) disseminated the victim’s photos together. Ms. D encouraged her friend to distribute the photos by text, gave him the phone numbers of who he should send them to, and “thereafter attended at the complainant’s school to bully her by taunting and calling her names.” The fear of her psychological safety resulting from the bullying, including not want-ing to attend school anymore, was agreed to meet the fear element in the criminal harassment charge.

Ms. D received a suspended sentence and 12-months’ probation, while her 17-year-old male accomplice received a conditional discharge. Aggravating factors on sentencing included the fact that the victim was underage, the fact that the crime was vindictive, planned and deliberate, and the fact that the offence had a serious impact on the victim. Mitigating factors included the fact that Ms. D was a youthful first offender and otherwise of good character.

[1] 2012 ABPC 338 at 24.

Criminal Offence(s): Criminal Harassment ; Child Pornography