Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2016-11-21 and last amended on 2016-06-17. Previous Versions

Marginal note:Hostage taking
  •  (1) Everyone takes a person hostage who — with intent to induce any person, other than the hostage, or any group of persons or any state or international or intergovernmental organization to commit or cause to be committed any act or omission as a condition, whether express or implied, of the release of the hostage —

    • (a) confines, imprisons, forcibly seizes or detains that person; and

    • (b) in any manner utters, conveys or causes any person to receive a threat that the death of, or bodily harm to, the hostage will be caused or that the confinement, imprisonment or detention of the hostage will be continued.

  • Marginal note:Hostage-taking

    (2) Every person who takes a person hostage is guilty of an indictable offence and liable

    • (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of

      • (i) in the case of a first offence, five years, and

      • (ii) in the case of a second or subsequent offence, seven years;

    • (a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

    • (b) in any other case, to imprisonment for life.

  • Marginal note:Subsequent offences

    (2.1) In determining, for the purpose of paragraph (2)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

    • (a) an offence under this section;

    • (b) an offence under subsection 85(1) or (2) or section 244 or 244.2; or

    • (c) an offence under section 220, 236, 239, 272 or 273, subsection 279(1) or section 344 or 346 if a firearm was used in the commission of the offence.

    However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

  • Marginal note:Sequence of convictions only

    (2.2) For the purposes of subsection (2.1), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

  • Marginal note:Non-resistance

    (3) Subsection 279(3) applies to proceedings under this section as if the offence under this section were an offence under section 279.

  • R.S., 1985, c. 27 (1st Supp.), s. 40;
  • 1995, c. 39, s. 148;
  • 2008, c. 6, s. 31;
  • 2009, c. 22, s. 13.
Marginal note:Abduction of person under sixteen
  •  (1) Every one who, without lawful authority, takes or causes to be taken an unmarried person under the age of sixteen years out of the possession of and against the will of the parent or guardian of that person or of any other person who has the lawful care or charge of that person is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

  • Definition of guardian

    (2) In this section and sections 281 to 283, guardian includes any person who has in law or in fact the custody or control of another person.

  • R.S., c. C-34, s. 249;
  • 1980-81-82-83, c. 125, s. 20.
Marginal note:Abduction of person under fourteen

 Every one who, not being the parent, guardian or person having the lawful care or charge of a person under the age of fourteen years, unlawfully takes, entices away, conceals, detains, receives or harbours that person with intent to deprive a parent or guardian, or any other person who has the lawful care or charge of that person, of the possession of that person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

  • R.S., c. C-34, s. 250;
  • 1980-81-82-83, c. 125, s. 20.
Marginal note:Abduction in contravention of custody order
  •  (1) Every one who, being the parent, guardian or person having the lawful care or charge of a person under the age of fourteen years, takes, entices away, conceals, detains, receives or harbours that person, in contravention of the custody provisions of a custody order in relation to that person made by a court anywhere in Canada, with intent to deprive a parent or guardian, or any other person who has the lawful care or charge of that person, of the possession of that person is guilty of

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

    • (b) an offence punishable on summary conviction.

  • Marginal note:Where no belief in validity of custody order

    (2) Where a count charges an offence under subsection (1) and the offence is not proven only because the accused did not believe that there was a valid custody order but the evidence does prove an offence under section 283, the accused may be convicted of an offence under section 283.

  • R.S., 1985, c. C-46, s. 282;
  • 1993, c. 45, s. 4.
Marginal note:Abduction
  •  (1) Every one who, being the parent, guardian or person having the lawful care or charge of a person under the age of fourteen years, takes, entices away, conceals, detains, receives or harbours that person, whether or not there is a custody order in relation to that person made by a court anywhere in Canada, with intent to deprive a parent or guardian, or any other person who has the lawful care or charge of that person, of the possession of that person, is guilty of

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

    • (b) an offence punishable on summary conviction.

  • Marginal note:Consent required

    (2) No proceedings may be commenced under subsection (1) without the consent of the Attorney General or counsel instructed by him for that purpose.

  • R.S., 1985, c. C-46, s. 283;
  • 1993, c. 45, s. 5.
Marginal note:Defence

 No one shall be found guilty of an offence under sections 281 to 283 if he establishes that the taking, enticing away, concealing, detaining, receiving or harbouring of any young person was done with the consent of the parent, guardian or other person having the lawful possession, care or charge of that young person.

  • 1980-81-82-83, c. 125, s. 20.
Marginal note:Defence

 No one shall be found guilty of an offence under sections 280 to 283 if the court is satisfied that the taking, enticing away, concealing, detaining, receiving or harbouring of any young person was necessary to protect the young person from danger of imminent harm or if the person charged with the offence was escaping from danger of imminent harm.

  • R.S., 1985, c. C-46, s. 285;
  • 1993, c. 45, s. 6.
Marginal note:No defence

 In proceedings in respect of an offence under sections 280 to 283, it is not a defence to any charge that a young person consented to or suggested any conduct of the accused.

  • 1980-81-82-83, c. 125, s. 20.

Commodification of Sexual Activity

Marginal note:Obtaining sexual services for consideration
  •  (1) Everyone who, in any place, obtains for consideration, or communicates with anyone for the purpose of obtaining for consideration, the sexual services of a person is guilty of

    • (a) an indictable offence and liable to imprisonment for a term of not more than five years and a minimum punishment of,

      • (i) in the case where the offence is committed in a public place, or in any place open to public view, that is or is next to a park or the grounds of a school or religious institution or that is or is next to any other place where persons under the age of 18 can reasonably be expected to be present,

        • (A) for a first offence, a fine of  $2,000, and

        • (B) for each subsequent offence, a fine of  $4,000, or

      • (ii) in any other case,

        • (A) for a first offence, a fine of  $1,000, and

        • (B) for each subsequent offence, a fine of  $2,000; or

    • (b) an offence punishable on summary conviction and liable to imprisonment for a term of not more than 18 months and a minimum punishment of,

      • (i) in the case referred to in subparagraph (a)(i),

        • (A) for a first offence, a fine of  $1,000, and

        • (B) for each subsequent offence, a fine of  $2,000, or

      • (ii) in any other case,

        • (A) for a first offence, a fine of  $500, and

        • (B) for each subsequent offence, a fine of  $1,000.

  • Marginal note:Obtaining sexual services for consideration from person under 18 years

    (2) Everyone who, in any place, obtains for consideration, or communicates with anyone for the purpose of obtaining for consideration, the sexual services of a person under the age of 18 years is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of

    • (a) for a first offence, six months; and

    • (b) for each subsequent offence, one year.

  • Marginal note:Subsequent offences

    (3) In determining, for the purpose of subsection (2), whether a convicted person has committed a subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

    • (a) an offence under that subsection; or

    • (b) an offence under subsection 212(4) of this Act, as it read from time to time before the day on which this subsection comes into force.

  • Marginal note:Sequence of convictions only

    (4) In determining, for the purposes of this section, whether a convicted person has committed a subsequent offence, the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences, whether any offence occurred before or after any conviction or whether offences were prosecuted by indictment or by way of summary conviction proceedings.

  • Definitions of place and public place

    (5) For the purposes of this section, place and public place have the same meaning as in subsection 197(1).

  • 2014, c. 25, s. 20.
 
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