6 months jail for man who lured teen into sending nude photos

A Charlottetown man who promised to pay a girl big money for a photo shoot at the beach has been sentenced to six months in jail, after coaxing the 17-year old into sending nude photos of herself.

Jeremy Daniel Stewart, 31, had pleaded guilty to communicating over a computer with a person under 18 for purpose of making child pornography. The sentence was handed down Friday in Charlottetown Supreme Court.

"Certainly, some of the messages they exchanged are disturbing," Crown prosecutor Valerie Moore told court. "If the victim were younger, I would be seeking more time in jail."

Met on Facebook

Stewart began exchanging messages with the girl in December 2016, having connected through a mutual friend on Facebook, according to agreed facts read in court. 

"They talked about money for a photo shoot at the national park," Moore told court. "He offered her $2,100 and wanted her to wear a bikini or lingerie."

More than 100 Facebook messages between the two were entered as evidence. Over time, the conversation became increasingly sexual. At one point, she sent photos of herself in a bikini, and in a bra and panties.

Victim considered suicide

"The accused [Stewart] kept talking about being sexually aroused, and what he wanted her to do to him," said Moore. "He threatened to drop the price for the photo shoot if she failed to respond to his liking."

Eventually, the girl sent several nude photos to Stewart at his request, in which she posed in sexual postures and exposed her breasts.

"This constitutes the offence," Moore told court. "The age of consent is 16, but certain offences still apply to people under 18 — paying for sex and making porn."

Stewart sent the girl a photo of an erect penis after receiving her nude photos, according to facts read in court.

Court heard the girl was considering suicide at the time of the exchanges.

"This was a teenager who had some depression and anxiety," said Moore, citing information in a victim impact statement the girl provided to court. "She was having suicidal thoughts everyday as a result of this. She did not have much money and that's why she kept going with it."

'Disconnect' in Canadian law

Stewart's defence lawyer told court his client is deeply remorseful and is getting counselling. This is his first brush with the law.

"It was an isolated incident and out of character," said lawyer Brendan Hubley. "He has strong support from his wife and extended family."

The defence lawyer also told court there's a "disconnect" in Canadian criminal law when it comes to sex offences of this type. 

"It's legal for people their age to have sex with each other, but it's against the law to exchange photos," Hubley told court.

Six months in jail is the mandatory minimum for what Stewart did.

"You have made a significant mistake. You are now paying the consequences," said Chief Justice Tracey Clements. "Don't forget the impact your behaviours have had on that 17-year-old girl. For the sake of your wife and children, never make this mistake again."

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