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Toronto Child Pornography Lawyers

Bytensky Shikhman Criminal Law Firm is committed to assisting clients with experienced criminal lawyers that are available on short notice when a bail hearing arises.
Toronto Child Pornography Lawyers
child pornography lawyers in Toronto

Navigating Child Pornography and Child Luring Charges in Canada

Facing child pornography charges or child luring charges can be exceptionally challenging, carrying severe personal and professional repercussions. At Bytensky Shikhman Barristers, we understand the weight of these accusations. The stigma associated with even being investigated for such an offence can be devastating. As such, our team of child luring and child pornography lawyers are available on short notice, especially when a bail hearing arises.

Child pornography offences include a spectrum of charges, such as accessing, possessing, distributing, or creating child pornography. Frequently, these charges are intertwined with child luring charges, which iclude allegations that an individual communicated with a minor online for the purpose of facilitating a sexual offence. 

Given the complexities of these cases, securing skilled legal representation is essential. At Bytensky Shikhman Barristers, our child pornography lawyers possess extensive experience in this sensitive area of law. We are skilled at defending these cases through various means, including challenging the legality of search warrants. 

We also collaborate with leading computer and technology experts who can analyze digital data to explain the presence of child pornography on digital devices innocently. (separate paragraph) In cases where a client admits involvement in a child luring offence or a child pornography offence, we can connect clients with experienced psychologists, psychiatrists, and counsellors specializing in the diagnosis and treatment of pedophilia. Our comprehensive approach, combined with meticulous attention to detail, can significantly impact the outcome, potentially offering a genuine opportunity for rehabilitation instead of a harsh sentence.

ADDITIONAL RESOURCES

Podcasts About Child Pornography & The Law

FAQ

According to s. 172.1 of the Criminal Code, child luring occurs when a person:

  • Communicates using a computer or other form of electronic communication;
  • With someone the person knows or believes to be under the legal age;
  • For the purpose of facilitating the commission of a specified offence.

Some of the specified offences include sexual offences such sexual exploitation, sexual interference, making, accessing, or distributing child pornography, and prostitution of a person under 18 years old, as well as the abduction of a person under sixteen or fourteen years of age.

Generally, police cannot provide someone an opportunity to commit a crime if they do not suspect that the person is already engaged in crime. It is entrapment for police to provide a person with an opportunity to commit an offence without a reasonable suspicion that the person is engaged in illegal activity unless the police are doing so as part of a ‘bona fide inquiry’. It is a bona fide inquiry if police: 

  • Reasonably suspect crime is occurring in a precise area (for example, a specific street corner or section of a website); AND
  • Have a genuine purpose of investigating and repressing crime

Police are never permitted to induce an offence.

The answer will depend on the specific tactics used by the police in your case. It is a common technique for police investigating child sexual offences, to post ads for sexual services on websites where they suspect commercial sexual activity is occurring. When individuals respond to the ads, an undercover officer posing as an underage girl or boy will offer to provide sexual services. The Supreme Court of Canada recently found that an investigation that used this technique and ultimately led to the arrest of 104 men, was not entrapment. You will need to consult with an experienced criminal defence lawyer to determine if the police investigation that led to your arrest crossed the line into entrapment.

Because child pornography investigations usually involve search warrants for the accused person’s home and electronic devices, a common defence is to challenge the validity of the search warrant or the way the police conducted the search. If your lawyer can establish that the warrant was not valid or that your Charter rights were infringed during the search, you can apply to have the evidence obtained during the search excluded from your trial.

Your lawyer may also be able to argue that you did not know you had child porn images on your computer, because, for example, you were not the only person with physical access to the computer, your computer was operating on an unsecured or shared network, or your computer was infected with malware. It may also be possible for your lawyer to argue that you believed the individual depicted was over the 18 or that the images had a legitimate purpose related to science, medicine, education or art. It is best to consult with an experienced lawyer to determine which defences may be available to you.

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    2024-02-07
    Ms. Sonya is just an absolute incredible lawyer. I would say the best. We worked with her for my brother’s bail. Where we were scared and full of anxiety, she made everything just so simple and easy for us. She got bailed him out and everything worked out perfectly. Felt really comfortable with her because she made ensure we are comfortable. Her work I would say is amazingly exceptional. Thank goodness for her and her whole team!
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    2023-08-03
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    2022-11-20
    Spoke with Mr. Boris on the phone, with respect to a appeal And I got to say he's a very honest professional individual, very unique in nature. He will tell you straight up if you have grounds of appeal or merits. If you will win or lose. Great personality to work with, someone who cares about Justice over money. Thank you
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    2022-11-09
    Brittany Smith is a very professional and hard-working lawyer. She dealt with my case quickly and effectively. Also, she explained everything along the way. Everyone should have this type of lawyer in their corner. Thank you very much!
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    2022-11-09
    A family member of mine used Ms. Shikhman as their lawyer. From the beginning of the process, she was absolutely fierce in looking after his interests. She secured the most reasonable bail conditions that we were told by other lawyers would be impossible to get. After a complicated long trial we got a “NOT GUILTY” from the jury! We could not be more grateful for all of her hard work.
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    2022-10-21
    Brittany Smith is more than an excellent Criminal Lawyer! She put all her effort on my case, days and nights. I can’t thank you enough Brittany. You nailed it..
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