section 172.2(1)

INTRODUCTION AND BRIEF DESCRIPTION

Section 172.2(1) prohibits agreements or arrangements made through telecommunication to commit sexual offences involving minors.

SECTION WORDING

172.2(1) Every person commits an offence who, by a means of telecommunication, agrees with a person, or makes an arrangement with a person, to commit an offence(a) under subsection 153(1), section 155, 163.1, 170 or 171 or subsection 212(1), (2), (2.1) or (4) with respect to another person who is, or who the accused believes is, under the age of 18 years;(b) under section 151 or 152, subsection 160(3) or 173(2) or section 271, 272, 273 or 280 with respect to another person who is, or who the accused believes is, under the age of 16 years; or (c) under section 281 with respect to another person who is, or who the accused believes is, under the age of 14 years.

EXPLANATION

Section 172.2(1) of the Criminal Code of Canada addresses the issue of online child exploitation. It makes it an offence for a person to communicate with another person via telecommunications in order to arrange or agree to commit an offence under certain sections of the Criminal Code with respect to a person under a certain age. The ages under consideration are 18 years in subsections (a), 16 years in subsection (b), and 14 years in subsection (c). Offences specified in subsections (a) and (b) include those related to sexual offences, while those in subsection (c) relate to kidnapping and abduction. This section was introduced to help prevent and combat the growing issue of online child exploitation. As people increasingly engage in online communication channels, predators have used this avenue to arrange for sexual exploitation of minors. This section serves to deter such behaviour by criminalizing the act of arranging for a particular offence. Importantly, this section also recognizes that the accused may believe that the victim is a minor, not just that the victim is actually a minor. This makes it easier for authorities to prosecute cases where the accused believes they are communicating with a minor, even if the victim is an adult posing as a minor. Overall, Section 172.2(1) is a crucial provision in the criminal justice system's efforts to protect vulnerable children from online predators.

COMMENTARY

Section 172.2(1) of the Criminal Code of Canada criminalizes the act of agreeing with someone or arranging with them to commit certain offences via telecommunication. The section includes several offences that are particularly egregious because they involve sexual exploitation or abuse of a person who is a minor. As such, the section sends a strong message about the seriousness with which the Canadian legal system views the protection of children from harm. The offences that are targeted by this section include several types of sexual misconduct, such as sexual assault, sexual interference, making or distributing child pornography, and procuring or obtaining sexual services from someone under the age of 18. The section also covers various types of sexual exploitation, such as living off the avails of prostitution of someone under the age of 18 and making or selling sexual material involving someone under the age of 18. The age thresholds set out in the section for each offence reflect the fact that the law recognizes different levels of maturity and vulnerability at different ages. For example, offences involving sexual activity with someone under the age of 16 are treated more harshly than those involving someone between the ages of 16 and 18. Similarly, offences involving sexual exploitation or abuse of children under the age of 14 are considered particularly egregious. The fact that this section of the Criminal Code covers offences that are agreed upon or arranged via telecommunication is significant because it acknowledges the role that technology plays in modern-day crimes. Today, many people use social media, texting, and other forms of electronic communication to make plans and arrangements. This section ensures that those who use these means to commit certain crimes are held accountable. The penalties for offences under this section are severe. For example, someone convicted of agreeing to commit sexual assault with a minor under the age of 18 could face up to 14 years in prison, and those convicted of making or distributing child pornography could face up to 10 years. These penalties reflect the serious harm that is caused by these offences and the importance of protecting children from sexual exploitation and abuse. In summary, section 172.2(1) of the Criminal Code of Canada is an important tool for protecting children from sexual exploitation and abuse. By targeting certain offences that involve minors, the section sends a strong message about the seriousness with which Canadian society views the protection of children. The fact that the section covers offences that are arranged via telecommunication reflects the modern-day reality of how crimes are often planned and carried out. The penalties for offences under this section are appropriately severe, reflecting the seriousness of the harm caused by these crimes.

STRATEGY

One of the key strategic considerations when dealing with Section 172.2(1) of the Criminal Code of Canada is the nature of the offence in question, and the circumstances surrounding it. This is particularly relevant in cases where the offence involves a child or a minor, as the stakes are often higher and the potential consequences more severe. One important strategy that can be employed in cases under this section is to carefully investigate the facts and circumstances surrounding the alleged offence. This may involve conducting interviews with witnesses and victims, gathering evidence such as electronic communications or other records, and engaging the services of experts in areas such as digital forensics or child psychology. Another key strategy is to work closely with law enforcement and other agencies involved in the investigation and prosecution of the offence. This may include sharing information, coordinating efforts, and ensuring that key witnesses and evidence are protected and secured. In addition, it is important to be mindful of the potential impact of media coverage and public opinion on the case, and to take steps to address any negative perceptions or misconceptions that may arise. This may involve developing a comprehensive communications strategy, engaging with community organizations and stakeholders, and being proactive in addressing any concerns or questions that may arise. Finally, it is important to ensure that the accused is aware of their rights and options under the law, and that they are provided with the necessary support and resources to mount a robust defence. This may include engaging the services of experienced legal counsel, obtaining expert testimony, and accessing other necessary resources or services. Overall, dealing with Section 172.2(1) of the Criminal Code of Canada requires careful planning, strategic thinking, and a comprehensive understanding of the legal and practical implications of the offence in question. By working closely with law enforcement, victims, and other stakeholders, and by engaging in careful investigation, communication, and resource allocation, it is possible to mount an effective defence in these cases and to ensure that justice is served.