Criminal Code

Marginal note:Bestiality

• 160 (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.