This enactment amends the Criminal Code to provide that when a court imposes a sentence for certain sexual offences, it shall consider as an aggravating factor the fact that the offender communicated with the victim, or engaged in conduct in relation to them, with the intention that the communication or conduct lead the victim to participate in the activity that is the subject of the offence.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Additional consideration — grooming

718.‍202 (1) When a court imposes a sentence for an offence under section 151, 152 or 155, subsection 160(3), section 163.‍1, 170 or 171, subsection 173(2), section 271, 272, 273 or 279.‍011, subsection 279.‍02(2), 286.‍1(1), 286.‍2(2) or 286.‍3(2), it shall consider as an aggravating factor the fact that the offender communicated with the victim, including by electronic means, or engaged in conduct in relation to them, with the intention that the communication or conduct lead the victim to participate in the activity that is the subject of the offence.

Reasons

(2) If the court is satisfied of the existence of the aggravating factor described in subsection (1) but decides not to give effect to it for sentencing purposes, the court shall give reasons for its decision.