The Court of Appeal has upheld convictions of child luring against a man who argued he was tricked into committing the crimes.
Kyle Brown was found guilty last September and sentenced to one year in jail, based mostly on evidence from an undercover officer posing as a 15-year-old girl online.
Police set up a fake account on the site NLAdult.com, posting a pic of a girl from the neck down wearing just panties and a bra.
The officer said he got 10 responses, half of which stopped messaging after it was stated the girl was 15.
While the other five weren’t put off, Brown began sending emails and text messages, saying “I’m absolutely into you,” “I’m all for it,” and “Yeah I am cool with you being 15.” The legal age for consent in Canada is 16.
At his trial, Brown claimed he knew it wasn’t a 15-year-old girl, saying he was investigating a scam at the time. The judge didn’t buy that then, and the appeal judges didn’t buy the claim now, that it was entrapment. They said the officer had good reason to believe child luring was happening on that website given previous charges laid.
As for Brown, the court noted instead of stopping after learning her age, he pursued sexual inquiries and still wanted to meet.
The court said kids are all over technology these days and must be protected from those who would take advantage of their immaturity, naivety, and curiosity.”