B.C. man who shared images of stepdaughter in shower sentenced for child pornography

Hands type on a computer keyboard in Los Angeles, on Feb. 27, 2013. (AP Photo/Damian Dovarganes)

Warning: This story contains disturbing details.

A B.C. man who sent images of his stepdaughter – captured over three years by a camera hidden in the shower – to an FBI agent conducting a child pornography sting has been sentenced to three years in prison.

The sentence was handed down in Penticton last week and posted online Monday. Due to the fact that the crimes were committed in a "closely-knit community," the perpetrator is not named because doing so could identify his stepdaughter. The court only refers to the 48-year-old man as "X."

Justice Gordon Funt, in his decision, describes the events leading up to X's arrest in 2020.

THE 'COVERT OPERATION'

An FBI agent first made contact with X in an online forum "apparently known for discussing and trading child pornography," the court heard.

X told the agent that he had been recording his stepdaughter, who was 15 at the time, since she was "like 12." The victim is referred to throughout the court documents as "S.D." In total, Funt wrote, X sent 13 images of his stepdaughter to the agent, "each of which meets the definition of child pornography."

The photos showed the girl's breasts and vagina and the most recent one had been taken the day before it was shared.

The court documents also quote from a pre-sentencing report in which X describes his motivation for sharing the pictures.

"X reports he shared the content displaying the victim because he 'thought it was hot' to share the images with 'likeminded' people. He states he 'wanted to see if they found her as hot' as he did. X states he distributed the pornographic images of the victim to 'win over the trust of the guys in the group,'" the decision reads.

"He recalls when distributing the images, he did not believe the victim would get hurt because he believed the victim would never know and it was not a hands-on offence. X states he has always been attracted to the victim."

Based on the sharing of the images and the conversation with the undercover agent, the FBI notified the RCMP, who got a search warrant for X's devices.

THE EVIDENCE

Among the items seized by Mounties were USB cards, "spy cams," cellphones, computers, a shower curtain, and a pair of girl's underwear, the judge wrote. In total, investigators found 314 separate images and 20 unique videos of child pornography.

While a number of them were from the bathroom of the family home and showed S.D. naked, unaware she was being filmed or photographed, the court heard there were videos and pictures of an unspecified number of "children that X apparently did not know" that were "not taken in the family residence."

The judge said there was no evidence that X sold or otherwise profited off of the pornography.

"X’s purpose in distributing images and videos was to share images and videos with others who would have images and videos that they would share with him," the decision reads.

THE IMPACT

S.D did not submit a victim impact statement to the court. Her mother, Funt said, did report she had received counselling and was doing well.

However, Funt factored in the potential for her to be harmed in the future when considering what a fit sentence for X would be.

"I am satisfied that the psychological harm may endure with S.D. wondering what images or videos of her are on the internet, when may they appear, and whether they may be used by some wicked person in the future in an attempt to embarrass her or extort her for money or some favour," he wrote.

"Young people dream. S.D. may wish to become, say, an actor. S.D. may wish to become, say, a Member of Parliament. S.D. may wish to enjoy a simple and quiet family life. Will the images (or videos) appear? … Regardless of the dream, S.D. must now live with the uncertain menace that the images and videos may reappear at any time."

He also wrote that these same issues should be considered when assessing the potential future harm to the "unknown victims who are apparently currently unaware that they are victims."

THE SENTENCE

Crown counsel asked for a prison term of 36 to 42 months, 10 years of probation and a number of other court-ordered conditions such as a DNA sample and registry as a sex offender.

Funt said the offence was "grave" and required a "significant sentence."

X's defence lawyer asked for no jail time and a conditional sentence of two years followed by two years probation and some court-ordered conditions.

Funt listed a number of aggravating factors in the case, including that the victim was under 18, that X was a family member and that X abused a position of trust. All those are outlined in the Criminal Code of Canada as things that increase the severity of a crime and must be considered at sentencing.

The fact that X produced the pornography himself and distributed it online as well as the "sophisticated planning" that went into installing the spy cameras and using them over a period of several years were also considered aggravating.

Mitigating factors included X's lack of a criminal record and his guilty plea. Funt also gave some weight to X's expressed remorse and willingness to engage in counselling.

"While I recognize that X has gained some insight as to his offence and the harm to others, X’s behaviour is deep-rooted. There is the real and significant risk that he will re-offend. This further warrants his separation from society," Funt wrote.

In addition to 36 months in prison, X will be on probation for 10 years. The terms include staying away from pools, schools, playgrounds and daycare centres, no contact with S.D., and limits on his use of the internet.