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Child Pornography & Luring Defence Lawyer in Toronto

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.
Child Pornography & Luring Defence Lawyer in Toronto
Child Pornography

Toronto Lawyers for Child Pornography Charges

Charges relating to child pornography and internet luring are among the most devastating a person can face.

The stigma of even being investigated for such an offence is often enough to result in earth-shattering consequences for a person’s personal and professional life. Charges are broken down into categories of accessing child pornography, possession of child pornography, distribution or publishing of child pornography, and making child pornography. These charges are often related to the offence of internet luring, where someone is accused of contacting a minor online for the purposes of committing an offence of sexual assault or sexual interference.

Recent amendments to the Criminal Code have introduced mandatory minimum sentences of 90 days or more for offences in these categories. If you are facing charges of this nature, it is essential that you hire a lawyer who is dedicated to confidentially and professionally navigating the complexities of such a case. At Bytensky Shikhman, our criminal lawyers have extensive experience with this very difficult area of the law. We are adept at defending these cases in every available way, which can include attacks on the legality of search warrants. Our office has access to leading computer and technology experts who are experienced in analyzing digital data to explain the innocent existence of child pornography on discs, hard drives, or in browser cookies.

Where a client admits to being involved in a child pornography or internet luring offence, we have access to the best and most experienced psychologists, psychiatrists and counselors who assist our clients in diagnosing and treating pedophilia. Often, this expertise and our attention to every detail is the difference between a crippling sentence and a genuine opportunity for rehabilitation.

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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    Marya Mohamed
    Marya Mohamed
    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!
    Hussain Chaudry
    Hussain Chaudry
    2023-08-03
    Great team
    Gurkirat Rai
    Gurkirat Rai
    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
    Sabrina Conliffe
    Sabrina Conliffe
    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!
    Danielle West
    Danielle West
    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.
    Ta
    TA
    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..
    Nesf123
    Nesf123
    2022-10-04
    Sonya is an excellent lawyer who provided the best outcome for my case. I consulted with many lawyers before deciding to work with Sonya. She is honest, professional and delivers on her word.
    Chris Gove
    Chris Gove
    2021-06-23
    Very knowledgeable and easy to reach.
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