Thunder Bay Cybercrime Investigation Leads To Intimate Image And Harassment Charges

THUNDER BAY — A Thunder Bay Police Service Cyber Crime Unit investigation into the alleged distribution of private images without consent and harassment has led to multiple charges against a Thunder Bay woman. Police say the investigation remains ongoing.

Police Say Investigation Began In May

Thunder Bay police say the investigation began in May after officers received a report involving the distribution of private images without consent and harassment.

As a result of the investigation, 36-year-old Kristy Lennox of Thunder Bay has been charged with three counts of distributing an intimate image without consent and two counts of criminal harassment by repeatedly communicating.

The accused was released from custody with a future court date.

None of the allegations has been proven in court. All accused individuals are presumed innocent unless proven guilty in a court of law.

Investigation Remains Ongoing

Police are asking anyone with information that could assist investigators to contact Det. Const. Joel Manherz at 807-684-1200, ext. 4115.

Anonymous tips may also be submitted through Crime Stoppers at 1-800-222-8477 or online at p3tips.com.

Police file number: TB26016170.

Criminal Code Context

Under section 162.1 of the Criminal Code, it is an offence to knowingly publish, distribute, transmit, sell, make available or advertise an intimate image of a person knowing the person did not consent, or while being reckless about whether consent was given. The section defines an intimate image as a visual recording involving nudity, exposure of intimate body parts or explicit sexual activity, made in circumstances involving a reasonable expectation of privacy.

The charge is a hybrid offence. If prosecuted by indictment, the maximum penalty is five years in prison. If prosecuted summarily, the general summary conviction penalty can include a fine of up to $5,000, imprisonment of up to two years less a day, or both, unless another penalty applies.

Criminal harassment is addressed under section 264 of the Criminal Code. The law includes repeatedly communicating, directly or indirectly, with another person or anyone known to them, where the conduct causes the other person reasonably to fear for their safety or the safety of someone known to them. If prosecuted by indictment, the maximum penalty is 10 years in prison; the offence may also proceed by summary conviction.

Actual sentences depend on the facts proven in court, the offender’s circumstances, prior record, harm to the complainant, aggravating or mitigating factors, and whether the matter proceeds by indictment or summary conviction.

The Risks Of Intimate Images In Relationships

The non-consensual sharing of intimate images can happen after relationship breakdowns, during harassment, or as part of coercive or controlling behaviour.

Justice Canada has noted that images originally intended for one person or a small private audience can spread quickly and unpredictably once shared, causing humiliation, harassment, degradation and lasting privacy harm.

For anyone in a relationship, consent should be clear, ongoing and specific. Consent to take or receive an intimate image is not consent to share it.

Ending a relationship, having an argument, or feeling betrayed does not create any right to distribute private images.

People should also understand that digital files can be copied, screenshot, forwarded, uploaded or stored without the sender’s knowledge. Cloud backups, shared devices, social media accounts and messaging apps can all increase risk if passwords are weak, devices are shared, or accounts are not secured.

Anyone who believes an intimate image has been shared without consent should save evidence, including messages, usernames, links, screenshots and dates; avoid retaliating or threatening the other person; report the matter to police; and seek support from trusted people or victim services.

Support Is Available

Thunder Bay and Area Victim Services provides immediate emotional support, practical assistance, information and referrals to people affected by crime. The service can be reached at 807-684-1051.

Ontario’s Victim Support Line is also available at 1-888-579-2888 for information and referrals to services for victims of crime.