September 25, 2015 - 9:00 PM
KELOWNA – An Oyama man will spend the next 45 weekends in jail for talking about sex online with an undercover cop who was pretending to be a 14-year-old girl.
Cory Samuel Brosnikoff, 46, pleaded guilty in Kelowna Provincial Court Friday, Sept. 25 to one count of child luring by telecommunication. Police executed a search warrant on his home on July 22, 2014 after a member of the Integrated Child Exploitation division of the RCMP recorded a conversation between Brosnikoff, who used the screen name Hard4U, and what he thought was an underage girl living in another city.
Judge Robin Smith called the case “unusual” since no child pornography was found on any of the seized computers and Brosnikoff never tried to meet her in person.
“It’s a case that I frankly struggled with,” Smith said. “There was no attempt on Mr. Brosnikoff’s part to facilitate any kind of a meeting… no face is shown… there is no child porn on his computer. He’s not a predator.”
A transcript of the online chat shown in court indicates Brosnikoff did discuss sex with the officer, asking her questions about her sexual history and even telling her that if they lived closer he would try to meet her.
Bosnikoff lied about his age, telling the officer he was 33-year-old, but he never sent pictures of himself or asked her to send him pictures of herself.
“In terms of the scale of seriousness it’s more on the low end,” Smith said. “Much of the chatting indicated he was horny and asking her sexual type questions about who she had been with, whether she had ever had sex. “
But, he said, it’s precisely that kind of suggestive communication that increases the chances further criminal offences will take place.
“There was lots of conversations about where do you live, if I lived near you I would try to connect with you. Suggestive kind of language that does fit within the definition of child luring legislation.”
Brosnikoff, who is self-employed with no criminal record, was sentenced to the mandatory minimum of 90 days in jail. He will serve the time on weekends in Kelowna RCMP cells.
“He made it clear that he wasn’t asking her to ever show her face to him and that he would never show his to her. And that they would never meet. But he wanted to chat with this girl he thought was 14,” Smith said.
Brosnikoff will have to submit a DNA sample and cannot use the internet except for work for two years.
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News from © InfoTel News Ltd, 2015