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Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2024-02-20 and last amended on 2024-01-14. Previous Versions

PART IVOffences Against the Administration of Law and Justice (continued)

Escapes and Rescues (continued)

Marginal note:Permitting or assisting escape

 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who

  • (a) permits a person whom he has in lawful custody to escape, by failing to perform a legal duty,

  • (b) conveys or causes to be conveyed into a prison anything, with intent to facilitate the escape of a person imprisoned therein, or

  • (c) directs or procures, under colour of pretended authority, the discharge of a prisoner who is not entitled to be discharged.

Marginal note:Rescue or permitting escape

 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who

  • (a) rescues any person from lawful custody or assists any person in escaping or attempting to escape from lawful custody,

  • (b) being a peace officer, wilfully permits a person in his lawful custody to escape, or

  • (c) being an officer of or an employee in a prison, wilfully permits a person to escape from lawful custody therein.

Marginal note:Assisting prisoner of war to escape

 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who knowingly

  • (a) assists a prisoner of war in Canada to escape from a place where he is detained, or

  • (b) assists a prisoner of war, who is permitted to be at large on parole in Canada, to escape from the place where he is at large on parole.

Marginal note:Service of term for escape

  •  (1) Notwithstanding section 743.1, a court that convicts a person for an escape committed while undergoing imprisonment may order that the term of imprisonment be served in a penitentiary, even if the time to be served is less than two years.

  • Definition of escape

    (2) In this section, escape means breaking prison, escaping from lawful custody or, without lawful excuse, being at large before the expiration of a term of imprisonment to which a person has been sentenced.

  • R.S., 1985, c. C-46, s. 149
  • R.S., 1985, c. 27 (1st Supp.), s. 203
  • 1992, c. 20, s. 199
  • 1995, c. 22, s. 1

PART VSexual Offences, Public Morals and Disorderly Conduct

Interpretation

Marginal note:Definitions

 In this Part,

guardian

guardian includes any person who has in law or in fact the custody or control of another person; (tuteur)

public place

public place includes any place to which the public have access as of right or by invitation, express or implied; (endroit public)

theatre

theatre includes any place that is open to the public where entertainments are given, whether or not any charge is made for admission. (théâtre)

  • R.S., c. C-34, s. 138

Sexual Offences

Marginal note:Consent no defence

  •  (1) Subject to subsections (2) to (2.2), when an accused is charged with an offence under section 151 or 152 or subsection 153(1), 160(3) or 173(2) or is charged with an offence under section 271, 272 or 273 in respect of a complainant under the age of 16 years, it is not a defence that the complainant consented to the activity that forms the subject-matter of the charge.

  • Marginal note:Exception — complainant aged 12 or 13

    (2) When an accused is charged with an offence under section 151 or 152, subsection 173(2) or section 271 in respect of a complainant who is 12 years of age or more but under the age of 14 years, it is a defence that the complainant consented to the activity that forms the subject-matter of the charge if the accused

    • (a) is less than two years older than the complainant; and

    • (b) is not in a position of trust or authority towards the complainant, is not a person with whom the complainant is in a relationship of dependency and is not in a relationship with the complainant that is exploitative of the complainant.

  • Marginal note:Exception — complainant aged 14 or 15

    (2.1) If an accused is charged with an offence under section 151 or 152, subsection 173(2) or section 271 in respect of a complainant who is 14 years of age or more but under the age of 16 years, it is a defence that the complainant consented to the activity that forms the subject-matter of the charge if the accused

    • (a) is less than five years older than the complainant; and

    • (b) is not in a position of trust or authority towards the complainant, is not a person with whom the complainant is in a relationship of dependency and is not in a relationship with the complainant that is exploitative of the complainant.

  • Marginal note:Exception for transitional purposes

    (2.2) When the accused referred to in subsection (2.1) is five or more years older than the complainant, it is a defence that the complainant consented to the activity that forms the subject-matter of the charge if, on the day on which this subsection comes into force,

    • (a) the accused is the common-law partner of the complainant, or has been cohabiting with the complainant in a conjugal relationship for a period of less than one year and they have had or are expecting to have a child as a result of the relationship; and

    • (b) the accused is not in a position of trust or authority towards the complainant, is not a person with whom the complainant is in a relationship of dependency and is not in a relationship with the complainant that is exploitative of the complainant.

  • Marginal note:Exception for transitional purposes

    (2.3) If, immediately before the day on which this subsection comes into force, the accused referred to in subsection (2.1) is married to the complainant, it is a defence that the complainant consented to the activity that forms the subject-matter of the charge.

  • Marginal note:Exemption for accused aged twelve or thirteen

    (3) No person aged twelve or thirteen years shall be tried for an offence under section 151 or 152 or subsection 173(2) unless the person is in a position of trust or authority towards the complainant, is a person with whom the complainant is in a relationship of dependency or is in a relationship with the complainant that is exploitative of the complainant.

  • Marginal note:Mistake of age

    (4) It is not a defence to a charge under section 151 or 152, subsection 160(3) or 173(2), or section 271, 272 or 273 that the accused believed that the complainant was 16 years of age or more at the time the offence is alleged to have been committed unless the accused took all reasonable steps to ascertain the age of the complainant.

  • Marginal note:Idem

    (5) It is not a defence to a charge under section 153, 170, 171 or 172 or subsection 286.1(2), 286.2(2) or 286.3(2) that the accused believed that the complainant was 18 years of age or more at the time the offence is alleged to have been committed unless the accused took all reasonable steps to ascertain the age of the complainant.

  • Marginal note:Mistake of age

    (6) An accused cannot raise a mistaken belief in the age of the complainant in order to invoke a defence under subsection (2) or (2.1) unless the accused took all reasonable steps to ascertain the age of the complainant.

  • R.S., 1985, c. 19 (3rd Supp.), s. 1
  • 2005, c. 32, s. 2
  • 2008, c. 6, ss. 13, 54
  • 2014, c. 25, s. 4
  • 2015, c. 29, s. 6
  • 2019, c. 25, s. 51

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 10 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.

 

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