The Penticton Courthouse.

(STEVE ARSTAD / iNFOnews.ca)

A 48-year-old Penticton man was sentenced to three years in prison for secretly recording his underage stepdaughter and distributing the contents to others.

The sentence was handed down this morning, Sept. 9, at the Penticton Courthouse.

In order to protect the identity of the victim, a publicity ban prevents the media from sharing details that could identify her or the offender.

The stepfather was busted in January 2020 after the RCMP was tipped off by FBI agents from the US, who had posed as undercover pedophiles in an online chatroom.

While the offender was in communication with the FBI, he believed a 33-year-old father of a daughter was on the other end.

The stepfather told uncover agents he had been recording his stepdaughter – who was 15 when he got caught – since she was “like 12,” using cameras that were well-hidden in the bathroom.

He sent 13 images to the FBI and all met the definition of child pornography. One was from his stepdaughter at age 12.

When his house was raided on Jan. 11, 2020, 314 unique images and videos were found that met the definition of child pornography.

Many other victims were featured in his collection, however he was only accused of producing the content that featured his stepdaughter.

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No victim impact statement was submitted. The mother reported that her teenage daughter is doing well.

However Justice Gordon Funt believes the victim suffered serious psychological harm. He said young people are expected to dream – the victim may aspire to become a politician or actress.

But knowing that nude images and videos of her as a child were published online, and how they weren’t just distributed to the FBI, the teenage girl has to spend the rest of her life worrying about what a “wicked” person may do with them.

“Now there is a floating pervasive worry (the victim) must bear for the rest of her life,” Justice Funt said.

Despite any assurances from her stepfather, the victim also has to worry about more secret recordings that went undisclosed, Justice Funt said.

Furthermore, his child pornography that featured other children may also be used by “wicked” actors, who could possibly identify those other victims using facial recognition technology. 

After getting caught, the stepfather admitted he had always been attracted to the victim. He explained that he “thought it was hot” to share images with likeminded people, he wanted to know if others found his stepdaughter as attractive as he did, and he wanted to be trusted by people in the chatroom known for distributing child pornography.

There was no evidence he distributed the images or videos for profit.

READ MORE: Kamloops man pleads guilty after taking, storing video of roommate's daughter in bathroom

During the sentencing, Justice Funt said the internet has created an international criminal enterprise for child pornography which has resulted in “legions of victims," and the actions of those involved must be denounced and deterred. 

Aggravating factors in the sentence were that the victim was his own stepdaughter, the victim was under 18, he breached his position of trust for two years, he distributed content to multiple contacts, and his efforts to secretly record his stepdaughter were deliberate and sophisticated.

Mitigating the sentence was the fact that he had no criminal record, he spared a trial by entering guilty pleas, he has undergone counselling at his own expense, and shows a willingness to engage in future treatment.

The defence also said he showed insight to his crimes and claims to feel shame and remorse – however Justice Funt only gave “limited weight” to the amount of insight truly shown, considering the length of time he was secretly recording the victim for.

Jail time would have a “huge impact” on the man’s family, the Court heard, because he can’t manage his business from prison, he has no one to take it over while he’s incarcerated, and he has young children and an elderly father who rely on his financial support.

Justice Funt didn’t find that a good enough reason to keep the man out of prison, because his conduct was “deep-rooted."

In addition to the 36-month prison sentence – the shortest sentence recommended by the Crown – the stepfather will be subject to a firearm and weapons prohibition for 10 years after his release. He has to submit his DNA and live as a registered sex offender for 20 years. And he can’t be in places were people under 16 go, and he can’t work or volunteer in positions where he holds authority over anyone under 16, unless they’re his own children.

He is considered to be at an average risk of reoffending.

The man was taken away in handcuffs upon conclusion of his sentencing.

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