Mississauga, Brampton and Newmarket Online Sex Crime Law Firm
Internet sex offences are a major focus of the Canadian government. The Crown prosecutes these cases vigorously in all provinces, including here in Ontario. If you have been accused of illicit online activity, the advice of an experienced lawyer can make all the difference.
I have more than 30 years of criminal defence experience. As a skilled Toronto Internet sex crime defence lawyer, I understand what is at stake: your freedom, your reputation and your future. I will work diligently to win your acquittal, keep you out of jail and to minimize the possible penalties you face. I have decades of trial experience that I will put to use when arguing your case to the court or jury.
Defence Against Internet/Online Crime Charge in Toronto
I have the ability to defend clients facing a wide range of Internet sex offences, including:
- Child pornography
- Internet luring
- Child luring, including luring using smartphones and text messaging
- Making sexually explicit material available to a minor for the purpose of facilitating the commission of a sexual offence
- Using the internet to communicate with another person for the purpose of facilitating the commission of a sexual offence against a minor
- Voyeurism, invasion of reasonable expectation of privacy by observing by any means or by making a visual recording
Asking the Important Questions
A successful defence against online sex crime charges depends not only upon your lawyer's knowledge of the law, but also knowledge of how the law intersects with technological issues. In building a defence, I seek out answers to critical questions:
- Did anyone else have access to the computer or smartphone device?
- In a child pornography case, how did you come into possession of the images?
- Were you the target of an undercover operation involving online chat rooms?
- Were your rights to privacy or your rights as guaranteed by the Canadian Charter of Rights and Freedoms violated by the investigating police officers?
By answering these and other questions, I can begin to build a defence that is structured to you and designed to meet the demands of your specific case.
Minimum Jail Sentences
These offences carry minimum penalties which prevent the possibility of the court imposing a community based sentence such as a conditional sentence of house arrest.
A person convicted of any of these offences will also be subject to a mandatory order requiring the convicted person to comply with the provisions of the Sex Offender Information Registration Act (SOIRA). More information on SOIRA, the National Sex Offender Registry and the Ontario Sex Offender Registry is available here.
Sex Offender Registry
Anyone convicted of a sexual offence will be subject to a mandatory order to comply with the Sex Offender Information Registration Act (SOIRA), which will result in his or her name and other personal information being placed in the Ontario National Sex Offender Registry. In addition the convicted person will be required to have his or her name placed on the Ontario Sex Offender Registry. This can seriously affect your ability to obtain employment and the quality of your life. This is another important reason to make sure you are represented by only a qualified and skilled criminal defence lawyer. More Information on the Sex Offender Information Registration Act (SOIRA), the National Sex Offender Registry and the Ontario Sex Offender Registry is available here.
Prohibition Orders - Section 161 of the Criminal Code of Canada
A person who is found guilty of committing a sexual offence, a child pornography offence or an offence involving the Internet luring of a person who is under the age of 16 years also faces the possibility that the court may make an order prohibiting the offender from engaging in activity that may bring the offender in contact with persons under the age of 16 years. This prohibition order is discretionary. The prohibition order may be for life or any shorter period that the court considers desirable. The court may also make the prohibition order subject to conditions or exemptions that the court considers appropriate.
The prohibition order may prohibit the offender from doing any or all of the following:
a) attending a public park or public swimming area where persons under the age of 16 years are present or can reasonably be expected to be present, or a day care centre, school ground, playground or community centre;
(b) seeking, obtaining or continuing any employment, whether or not the employment is remunerated, or becoming or being a volunteer in a capacity that involves being in a position of trust or authority toward persons under the age of 16 years;
(c) having any contact — including communicating by any means — with a person who is under the age of 16 years, unless the offender does so under the supervision of a person whom the court considers appropriate; or
(d) using the Internet or other digital network unless the offender does so in accordance with conditions set by the court.
Forfeiture of Property
A court that convicts a person of child pornography, the Internet luring of a minor or the offence of agreeing or arranging with another person, by means of telecommunication, to commit child pornography, or a sexual offence against a minor, may order the forfeiture of the property of the offender, or the property of any party to the offence, even if the property is in the possession of a third party if it can reasonably be inferred that the property was transferred for the purpose of avoiding forfeiture.
Toronto Internet Sex Crime Lawyer Anthony De Marco: Free Consultation
To schedule a free initial consultation to discuss your charges and what I can do to help, please call 416-651-2299 or toll free 1-888-399-3164. You can also contact my Toronto law firm online