section 172(3)


This section defines a child as a person who is or appears to be under the age of eighteen years for the purposes of the section.


172(3) For the purposes of this section, "child" means a person who is or appears to be under the age of eighteen years.


Section 172(3) of the Criminal Code of Canada defines the term child" within the context of section 172. This section outlines the offense of luring a child using electronic communication. The term lure" means to communicate with a child with the intent of engaging in sexual activity or sexual exploitation with the child. It is important to note that this offense does not require physical contact with the child. Instead, it criminalizes the use of electronic communication, such as email, text messages, social media, or messaging apps, to lure a child. The definition of a child under section 172(3) is any person who appears to be or is under the age of 18 years. This definition is broad and inclusive, and it recognizes that children of all ages may be subject to the offense of luring. The purpose of section 172 is to protect children from sexual exploitation and ensure that those who seek to exploit them are held accountable. This offense recognizes that children are vulnerable to online predators and that it is essential to prevent any possibility of exploitation. Overall, section 172(3) is an important provision in the Criminal Code of Canada. It highlights the importance of protecting children from sexual exploitation and recognizes the significant role that electronic communication plays in this phenomenon.


Section 172(3) of the Criminal Code of Canada provides a definition for the term "child" in relation to the offenses outlined in section 172. This section is important in ensuring that individuals who engage in sexual acts with minors are held accountable for their actions. The definition provided in section 172(3) is straightforward and includes any person who is under the age of 18 or appears to be under the age of 18. This definition is crucial in protecting children from sexual exploitation and abuse, as it provides clarity on what constitutes a minor in the eyes of the law. Section 172 of the Criminal Code of Canada outlines offenses related to the sexual exploitation of children, including but not limited to, making, distributing, or possessing child pornography, exposing oneself to a child for sexual purposes, and inviting a child to engage in sexual activity. These offenses are viewed as extremely serious, and the criminal justice system enforces strict penalties for those found guilty. According to Canadian law, individuals under the age of 18 are deemed unable to consent to sex, and any sexual activity with a minor is therefore considered a criminal offense. This means that even if a minor appears to consent to sexual activity, it is still illegal and punishable. Section 172(3) is also important in acknowledging that a child may "appear" to be under 18, despite not actually being so. This is crucial in cases where an individual is unsure of a minor's age, and helps ensure that they cannot use ignorance as a defense. Overall, section 172(3) plays a critical role in protecting minors from sexual exploitation and abuse. By defining a child as anyone who is or appears to be under the age of 18, the law ensures that individuals who engage in sexual activity with minors can be held accountable for their actions. The clarity provided by this definition also helps prevent any ambiguity or confusion that may arise in cases where a minor's age is uncertain, making it easier for law enforcement officials to enforce the law and bring perpetrators to justice.


Section 172(3) of the Criminal Code of Canada is designed to protect children from exploitative and harmful conduct. It defines a child as a person who appears to be under the age of eighteen years, and it imposes criminal liability for anyone who engages in sexual touching, invitation to sexual touching, or any other sexual activity with a child. When dealing with section 172(3), there are several strategic considerations to keep in mind. These include the following: 1. Understanding the elements of the offense: To prove a violation of section 172(3), the Crown must show that the accused engaged in sexual activity with a person who was under the age of eighteen. It is important to understand the full scope of the offense, including the conduct that is prohibited, the age of the victim, and any defenses or mitigating factors that might be available. 2. Crafting a defense strategy: Depending on the circumstances of the case, there may be a range of defense strategies available. For example, the defense may argue that the accused honestly believed the child was over the age of eighteen, or that the conduct in question did not meet the legal definition of sexual activity. Building a strong defense strategy requires a careful analysis of the facts, the law, and the available evidence. 3. Evaluating the impact of the offense: A conviction under section 172(3) can carry severe consequences, including a term of imprisonment, mandatory registration as a sex offender, and social and professional stigma. It is important to understand the potential consequences of a conviction, and to develop a strategy that minimizes the impact on the accused's life and future prospects. 4. Working with an experienced criminal defense lawyer: Given the complexity and gravity of this offense, it is essential to work with a skilled and experienced criminal defense lawyer. They can provide valuable guidance and support throughout the legal process, and advocate on behalf of the accused to protect their rights and interests. In terms of specific strategies that could be employed when dealing with section 172(3), some potential approaches include the following: 1. Challenging the evidence: Depending on the nature and quality of the evidence, it may be possible to challenge the prosecution's case. For example, it may be possible to argue that the evidence was illegally obtained, that it is unreliable or inaccurate, or that there are alternative explanations for the alleged conduct. 2. Negotiating a plea agreement: In some cases, it may be appropriate to negotiate a plea agreement with the prosecution. This can involve agreeing to plead guilty to a lesser charge in exchange for reduced penalties or a more lenient sentence. 3. Exploring alternatives to prison: While imprisonment is a common punishment for section 172(3) offenses, there may be alternatives available. For example, a judge may consider a conditional sentence, a fine, or community service in lieu of incarceration. 4. Developing a mitigation strategy: If the evidence against the accused is strong, it may be appropriate to focus on developing a strategy to mitigate the impact of the offense. This can involve presenting evidence of the accused's good character, providing evidence of remorse, or presenting evidence of factors that may have contributed to the offense (such as mental health issues or addiction). In conclusion, section 172(3) of the Criminal Code of Canada is a serious offense that carries significant penalties for those who are found guilty. Effective strategy when dealing with this section of the Criminal Code requires careful consideration of the elements of the offense, potential defense strategies, the impact of a conviction, and working with an experienced criminal defense lawyer. With proper guidance and support, it is possible to develop a successful strategy that protects an accused's rights and interests.