Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2016-08-01 and last amended on 2016-06-17. Previous Versions

Marginal note:Prohibition order
  •  (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 162.1(1), the court that sentences or discharges the offender, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, may make, subject to the conditions or exemptions that the court directs, an order prohibiting the offender from using the Internet or other digital network, unless the offender does so in accordance with conditions set by the court.

  • Marginal note:Duration of prohibition

    (2) The prohibition may be for any period that the court considers appropriate, including any period to which the offender is sentenced to imprisonment.

  • Marginal note:Court may vary order

    (3) A court that makes an order of prohibition or, if 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 and is liable to imprisonment for a term of not more than 18 months.

  • 2014, c. 31, s. 3;
  • 2015, c. 23, s. 33.

Offences Tending to Corrupt Morals

Marginal note:Corrupting morals
  •  (1) Every one commits an offence who

    • (a) makes, prints, publishes, distributes, circulates, or has in his possession for the purpose of publication, distribution or circulation any obscene written matter, picture, model, phonograph record or other thing whatever; or

    • (b) makes, prints, publishes, distributes, sells or has in his possession for the purpose of publication, distribution or circulation a crime comic.

  • Marginal note:Idem

    (2) Every one commits an offence who knowingly, without lawful justification or excuse,

    • (a) sells, exposes to public view or has in his possession for such a purpose any obscene written matter, picture, model, phonograph record or other thing whatever;

    • (b) publicly exhibits a disgusting object or an indecent show;

    • (c) offers to sell, advertises or publishes an advertisement of, or has for sale or disposal, any means, instructions, medicine, drug or article intended or represented as a method of causing abortion or miscarriage; or

    • (d) advertises or publishes an advertisement of any means, instructions, medicine, drug or article intended or represented as a method for restoring sexual virility or curing venereal diseases or diseases of the generative organs.

  • Marginal note:Defence of public good

    (3) No person shall be convicted of an offence under this section if the public good was served by the acts that are alleged to constitute the offence and if the acts alleged did not extend beyond what served the public good.

  • Marginal note:Question of law and question of fact

    (4) For the purposes of this section, it is a question of law whether an act served the public good and whether there is evidence that the act alleged went beyond what served the public good, but it is a question of fact whether the acts did or did not extend beyond what served the public good.

  • Marginal note:Motives irrelevant

    (5) For the purposes of this section, the motives of an accused are irrelevant.

  • (6) [Repealed, 1993, c. 46, s. 1]

  • Definition of crime comic

    (7) In this section, crime comic means a magazine, periodical or book that exclusively or substantially comprises matter depicting pictorially

    • (a) the commission of crimes, real or fictitious; or

    • (b) events connected with the commission of crimes, real or fictitious, whether occurring before or after the commission of the crime.

  • Marginal note:Obscene publication

    (8) For the purposes of this Act, any publication a dominant characteristic of which is the undue exploitation of sex, or of sex and any one or more of the following subjects, namely, crime, horror, cruelty and violence, shall be deemed to be obscene.

  • R.S., 1985, c. C-46, s. 163;
  • 1993, c. 46, s. 1.

Definition of child pornography

  •  (1) In this section, child pornography means

    • (a) a photographic, film, video or other visual representation, whether or not it was made by electronic or mechanical means,

      • (i) that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or

      • (ii) the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years;

    • (b) any written material, visual representation or audio recording that advocates or counsels sexual activity with a person under the age of eighteen years that would be an offence under this Act;

    • (c) any written material whose dominant characteristic is the description, for a sexual purpose, of sexual activity with a person under the age of eighteen years that would be an offence under this Act; or

    • (d) any audio recording that has as its dominant characteristic the description, presentation or representation, for a sexual purpose, of sexual activity with a person under the age of eighteen years that would be an offence under this Act.

  • Marginal note:Making child pornography

    (2) Every person who makes, prints, publishes or possesses for the purpose of publication any child pornography is guilty of an indictable offence and 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.

  • Marginal note:Distribution, etc. of child pornography

    (3) Every person who transmits, makes available, distributes, sells, advertises, imports, exports or possesses for the purpose of transmission, making available, distribution, sale, advertising or exportation any child pornography is guilty of an indictable offence and 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.

  • Marginal note:Possession of child pornography

    (4) Every person who possesses any child pornography is guilty of

    • (a) an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or

    • (b) 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:Accessing child pornography

    (4.1) Every person who accesses any child pornography is guilty of

    • (a) an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or

    • (b) 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:Interpretation

    (4.2) For the purposes of subsection (4.1), a person accesses child pornography who knowingly causes child pornography to be viewed by, or transmitted to, himself or herself.

  • Marginal note:Aggravating factor

    (4.3) If a person is convicted of an offence under this section, the court that imposes the sentence shall consider as an aggravating factor the fact that the person committed the offence with intent to make a profit.

  • Marginal note:Defence

    (5) It is not a defence to a charge under subsection (2) in respect of a visual representation that the accused believed that a person shown in the representation that is alleged to constitute child pornography was or was depicted as being eighteen years of age or more unless the accused took all reasonable steps to ascertain the age of that person and took all reasonable steps to ensure that, where the person was eighteen years of age or more, the representation did not depict that person as being under the age of eighteen years.

  • Marginal note:Defence

    (6) No person shall be convicted of an offence under this section if the act that is alleged to constitute the offence

    • (a) has a legitimate purpose related to the administration of justice or to science, medicine, education or art; and

    • (b) does not pose an undue risk of harm to persons under the age of eighteen years.

  • Marginal note:Question of law

    (7) For greater certainty, for the purposes of this section, it is a question of law whether any written material, visual representation or audio recording advocates or counsels sexual activity with a person under the age of eighteen years that would be an offence under this Act.

  • 1993, c. 46, s. 2;
  • 2002, c. 13, s. 5;
  • 2005, c. 32, s. 7;
  • 2012, c. 1, s. 17;
  • 2015, c. 23, s. 7.
 
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