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Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2022-07-25 and last amended on 2022-06-23. Previous Versions

PART VSexual Offences, Public Morals and Disorderly Conduct (continued)

Sexual Offences (continued)

Marginal note:Sexual interference

 Every person who, for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of a person under the age of 16 years

  • (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or

  • (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of 90 days.

  • R.S., 1985, c. C-46, s. 151
  • R.S., 1985, c. 19 (3rd Supp.), s. 1
  • 2005, c. 32, s. 3
  • 2008, c. 6, s. 54
  • 2012, c. 1, s. 11
  • 2015, c. 23, s. 2

Marginal note:Invitation to sexual touching

 Every person who, for a sexual purpose, invites, counsels or incites a person under the age of 16 years to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the body of the person under the age of 16 years,

  • (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or

  • (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of 90 days.

  • R.S., 1985, c. C-46, s. 152
  • R.S., 1985, c. 19 (3rd Supp.), s. 1
  • 2005, c. 32, s. 3
  • 2008, c. 6, s. 54
  • 2012, c. 1, s. 12
  • 2015, c. 23, s. 3

Marginal note:Sexual exploitation

  •  (1) Every person commits an offence who is in a position of trust or authority towards a young person, who is a person with whom the young person is in a relationship of dependency or who is in a relationship with a young person that is exploitative of the young person, and who

    • (a) for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of the young person; or

    • (b) for a sexual purpose, invites, counsels or incites a young person to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the body of the young person.

  • Marginal note:Punishment

    (1.1) Every person who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or

    • (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of 90 days.

  • Marginal note:Inference of sexual exploitation

    (1.2) A judge may infer that a person is in a relationship with a young person that is exploitative of the young person from the nature and circumstances of the relationship, including

    • (a) the age of the young person;

    • (b) the age difference between the person and the young person;

    • (c) the evolution of the relationship; and

    • (d) the degree of control or influence by the person over the young person.

  • Definition of young person

    (2) In this section, young person means a person 16 years of age or more but under the age of eighteen years.

  • R.S., 1985, c. C-46, s. 153
  • R.S., 1985, c. 19 (3rd Supp.), s. 1
  • 2005, c. 32, s. 4
  • 2008, c. 6, s. 54
  • 2012, c. 1, s. 13
  • 2015, c. 23, s. 4

Marginal note:Sexual exploitation of person with disability

  •  (1) Every person who is in a position of trust or authority towards a person with a mental or physical disability or who is a person with whom a person with a mental or physical disability is in a relationship of dependency and who, for a sexual purpose, counsels or incites that person to touch, without that person’s consent, his or her own body, the body of the person who so counsels or incites, or the body of any other person, directly or indirectly, with a part of the body or with an object, is guilty of

    • (a) an indictable offence and liable to imprisonment for a term not exceeding five years; or

    • (b) an offence punishable on summary conviction.

  • Marginal note:Definition of consent

    (2) Subject to subsection (3), consent means, for the purposes of this section, the voluntary agreement of the complainant to engage in the sexual activity in question.

  • Marginal note:Consent

    (2.1) Consent must be present at the time the sexual activity in question takes place.

  • Marginal note:Question of law

    (2.2) The question of whether no consent is obtained under subsection (3) or (4) or 265(3) is a question of law.

  • Marginal note:When no consent obtained

    (3) For the purposes of this section, no consent is obtained if

    • (a) the agreement is expressed by the words or conduct of a person other than the complainant;

    • (a.1) the complainant is unconscious;

    • (b) the complainant is incapable of consenting to the activity for any reason other than the one referred to in paragraph (a.1);

    • (c) the accused counsels or incites the complainant to engage in the activity by abusing a position of trust, power or authority;

    • (d) the complainant expresses, by words or conduct, a lack of agreement to engage in the activity; or

    • (e) the complainant, having consented to engage in sexual activity, expresses, by words or conduct, a lack of agreement to continue to engage in the activity.

  • Marginal note:Subsection (3) not limiting

    (4) Nothing in subsection (3) shall be construed as limiting the circumstances in which no consent is obtained.

  • Marginal note:When belief in consent not a defence

    (5) It is not a defence to a charge under this section that the accused believed that the complainant consented to the activity that forms the subject-matter of the charge if

    • (a) the accused’s belief arose from

      • (i) the accused’s self-induced intoxication,

      • (ii) the accused’s recklessness or wilful blindness, or

      • (iii) any circumstance referred to in subsection (3) or (4) or 265(3) in which no consent is obtained;

    • (b) the accused did not take reasonable steps, in the circumstances known to the accused at the time, to ascertain that the complainant was consenting; or

    • (c) there is no evidence that the complainant’s voluntary agreement to the activity was affirmatively expressed by words or actively expressed by conduct.

  • Marginal note:Accused’s belief as to consent

    (6) If an accused alleges that he or she believed that the complainant consented to the conduct that is the subject-matter of the charge, a judge, if satisfied that there is sufficient evidence and that, if believed by the jury, the evidence would constitute a defence, shall instruct the jury, when reviewing all the evidence relating to the determination of the honesty of the accused’s belief, to consider the presence or absence of reasonable grounds for that belief.

 [Repealed, R.S., 1985, c. 19 (3rd Supp.), s. 1]

Marginal note:Incest

  •  (1) Every one commits incest who, knowing that another person is by blood relationship his or her parent, child, brother, sister, grandparent or grandchild, as the case may be, has sexual intercourse with that person.

  • Marginal note:Punishment

    (2) Everyone who commits incest is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and, if the other person is under the age of 16 years, to a minimum punishment of imprisonment for a term of five years.

  • Marginal note:Defence

    (3) No accused shall be determined by a court to be guilty of an offence under this section if the accused was under restraint, duress or fear of the person with whom the accused had the sexual intercourse at the time the sexual intercourse occurred.

  • Definition of brother and sister

    (4) In this section, brother and sister, respectively, include half-brother and half-sister.

  • R.S., 1985, c. C-46, s. 155
  • R.S., 1985, c. 27 (1st Supp.), s. 21
  • 2012, c. 1, s. 14

Marginal note:Historical offences

 No person shall be convicted of any sexual offence under this Act as it read from time to time before January 4, 1983 unless the conduct alleged would be an offence under this Act if it occurred on the day on which the charge was laid.

 [Repealed, R.S., 1985, c. 19 (3rd Supp.), s. 2]

 [Repealed, 2019, c. 25, s. 54]

Marginal note:Bestiality

  •  (1) Every person who commits bestiality is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction.

  • Marginal note:Compelling the commission of bestiality

    (2) Every person who compels another to commit bestiality is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction.

  • Marginal note:Bestiality in presence of or by child

    (3) Despite subsection (1), every person who commits bestiality in the presence of a person under the age of 16 years, or who incites a person under the age of 16 years to commit bestiality,

    • (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or

    • (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.

  • Marginal note:Order of prohibition or restitution

    (4) The court may, in addition to any other sentence that it may impose under any of subsections (1) to (3),

    • (a) make an order prohibiting the accused from owning, having the custody or control of or residing in the same premises as an animal during any period that the court considers appropriate but, in the case of a second or subsequent offence, for a minimum of five years; and

    • (b) on application of the Attorney General or on its own motion, order that the accused pay to a person or an organization that has taken care of an animal as a result of the commission of the offence the reasonable costs that the person or organization incurred in respect of the animal, if the costs are readily ascertainable.

  • Marginal note:Breach of order

    (5) Every person who contravenes an order made under paragraph (4)(a) is guilty of an offence punishable on summary conviction.

  • Marginal note:Application

    (6) Sections 740 to 741.2 apply, with any modifications that the circumstances require, to orders made under paragraph (4)(b).

  • Marginal note:Definition of bestiality

    (7) In this section, bestiality means any contact, for a sexual purpose, with an animal.

  • R.S., 1985, c. C-46, s. 160
  • R.S., 1985, c. 19 (3rd Supp.), s. 3
  • 2008, c. 6, s. 54
  • 2012, c. 1, s. 15
  • 2015, c. 23, s. 5
  • 2019, c. 17, s. 1

Marginal note:Order of prohibition

  •  (1) When an offender is convicted, or is discharged on the conditions prescribed in a probation order under section 730, of an offence referred to in subsection (1.1) in respect of a person who is under the age of 16 years, the court that sentences the offender or directs that the accused be discharged, as the case may be, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, shall consider making and may make, subject to the conditions or exemptions that the court directs, an order prohibiting the offender from

    • (a) attending a public park or public swimming area where persons under the age of 16 years are present or can reasonably be expected to be present, or a daycare centre, schoolground, playground or community centre;

    • (a.1) being within two kilometres, or any other distance specified in the order, of any dwelling-house where the victim identified in the order ordinarily resides or of any other place specified in the order;

    • (b) seeking, obtaining or continuing any employment, whether or not the employment is remunerated, or becoming or being a volunteer in a capacity, that involves being in a position of trust or authority towards persons under the age of 16 years;

    • (c) having any contact — including communicating by any means — with a person who is under the age of 16 years, unless the offender does so under the supervision of a person whom the court considers appropriate; or

    • (d) using the Internet or other digital network, unless the offender does so in accordance with conditions set by the court.

  • Marginal note:Offences

    (1.1) The offences for the purpose of subsection (1) are

    • (a) an offence under section 151, 152 or 155, subsection 160(2) or (3), section 163.1, 170, 171, 171.1, 172.1 or 172.2, subsection 173(2), section 271, 272, 273 or 279.011, subsection 279.02(2) or 279.03(2), section 280 or 281 or subsection 286.1(2), 286.2(2) or 286.3(2);

    • (b) an offence under section 144 (rape), 145 (attempt to commit rape), 149 (indecent assault on female), 156 (indecent assault on male) or 245 (common assault) or subsection 246(1) (assault with intent) of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as it read immediately before January 4, 1983;

    • (c) an offence under subsection 146(1) (sexual intercourse with a female under 14) or section 153 (sexual intercourse with step-daughter), 155 (buggery or bestiality), 157 (gross indecency), 166 (parent or guardian procuring defilement) or 167 (householder permitting defilement) of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as it read immediately before January 1, 1988; or

    • (d) an offence under subsection 212(1) (procuring), 212(2) (living on the avails of prostitution of person under 18 years), 212(2.1) (aggravated offence in relation to living on the avails of prostitution of person under 18 years) or 212(4) (prostitution of person under 18 years) of this Act, as it read from time to time before the day on which this paragraph comes into force.

  • Marginal note:Duration of prohibition

    (2) The prohibition may be for life or for any shorter duration that the court considers desirable and, in the case of a prohibition that is not for life, the prohibition begins on the later of

    • (a) the date on which the order is made; and

    • (b) where the offender is sentenced to a term of imprisonment, the date on which the offender is released from imprisonment for the offence, including release on parole, mandatory supervision or statutory release.

  • Marginal note:Court may vary order

    (3) A court that makes an order of prohibition or, where the court is for any reason unable to act, another court of equivalent jurisdiction in the same province, may, on application of the offender or the prosecutor, require the offender to appear before it at any time and, after hearing the parties, that court may vary the conditions prescribed in the order if, in the opinion of the court, the variation is desirable because of changed circumstances after the conditions were prescribed.

  • Marginal note:Offence

    (4) Every person who is bound by an order of prohibition and who does not comply with the order is guilty of

    • (a) an indictable offence and is liable to imprisonment for a term of not more than four years; or

    • (b) an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 161
  • R.S., 1985, c. 19 (3rd Supp.), s. 4
  • 1993, c. 45, s. 1
  • 1995, c. 22, s. 18
  • 1997, c. 18, s. 4
  • 1999, c. 31, s. 67
  • 2002, c. 13, s. 4
  • 2005, c. 32, s. 5
  • 2008, c. 6, s. 54
  • 2012, c. 1, s. 16
  • 2014, c. 21, s. 1, c. 25, s. 5
  • 2015, c. 23, s. 6
  • 2019, c. 25, s. 55
 
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