B.C. Supreme Court chambers at the Penticton Law Courts on Main Street. (Western News - File)

B.C. Supreme Court chambers at the Penticton Law Courts on Main Street. (Western News - File)

Penticton man gets three years jail for making child porn of step-daughter

He distributed images and videos taken from age 12 to 15

Warning: The following story may contain content that some will consider disturbing.

A Penticton man was sentenced to three years in jail for spying on his step-daughter and sharing nude photographs of her with members of an online forum for those interested in child pornography.

The man, whose name is subject to a publication ban to protect the identity of his step-daughter and is listed simply as “Mr. X” on public court records, appeared in Penticton’s Supreme Court on Sept. 10 to hear his fate after earlier pleading guilty.

Presiding over the case, Supreme Court Justice Gordon Funt noted that X took photos of additional youth beyond just his stepdaughter.

The Penticton man will spend 36 months in jail, and after release will face multiple further restrictions including to his ability to use computers, a firearm ban and limitations on contacting any youth, including his step-daughter.

“He requires further specialized counselling to reduce the risk to not re-offend,” said Funt during his ruling. “At this time there is a real and significant risk that [X] will re-offend. He must be separate from society to assist with his rehabilitation.”

X pleaded guilty to manufacturing, distributing and possessing child pornography, as well as to secretly observing and recording his step-daughter for years.

He was caught through an FBI covert operation online in January 2020, when his step-daughter at the time was 15. An agent posted messages, posing as a father with his own young daughter, to a forum known for discussing and trading in child pornography.

X began a conversation with the agent, admitting that he had been recording his stepdaughter since she was 12, and that he had set up spy cameras in the bathroom to get photos of her without her knowledge. X sent 13 images, considered child-pornography, of his step-daughter to the agent.

The images were shared with other “like-minded” individuals as well, because “he wanted to see if they found her as hot as he did,” according to statements entered into the court record.

Four days after sharing the images with the FBI agent, the RCMP executed a search warrant of X’s home, seizing items including cell phones, computers, USBs and underwear of a young female.

Computer forensic analysis found 314 unique images and 20 unique videos of child pornography. Some were taken in the bathroom of X’s home of his stepdaughter, and others were not.

X’s stepdaughter is currently in counseling.

The justice laid out his reasons for the sentencing, recognizing mitigating factors including the lack of criminal record, guilty plea, remorse and the fact that he had been attending his own counselling, on his own dime, and making some progress on his issues.

The aggravating factors were more damning, and the justice expressed how he could have sentenced X to the maximum of 42 months, but ended up agreeing with Crown’s proposal of 36 months.

He cited how X took advantage of his position of trust and authority as his victim’s step-father, that he produced and distributed many of the images and videos widely, that the hiding of the spy camera reflected a sophisticated effort and planning, that his actions had reflected an awareness that his actions were wrong, and that he was of average likelihood to re-offend.

Defence for X had asked for a conditional sentence of two years less a day followed by two years probation.

READ ALSO: Vernon man back in Penticton court over more allegations of prison violence

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Child Porn Case