Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2016-08-15 and last amended on 2016-06-17. Previous Versions

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 and liable to imprisonment for a term not exceeding eighteen months.

  • 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:When no consent obtained

    (3) No consent is obtained, for the purposes of this section, if

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

    • (b) the complainant is incapable of consenting to the activity;

    • (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 the accused’s

      • (i) self-induced intoxication, or

      • (ii) recklessness or wilful blindness; or

    • (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.

  • 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.

  • 1998, c. 9, s. 2.

 [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.

 [Repealed, R.S., 1985, c. 19 (3rd Supp.), s. 2]

Marginal note:Anal intercourse
  •  (1) Every person who engages in an act of anal intercourse 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:Exception

    (2) Subsection (1) does not apply to any act engaged in, in private, between

    • (a) husband and wife, or

    • (b) any two persons, each of whom is eighteen years of age or more,

    both of whom consent to the act.

  • Marginal note:Idem

    (3) For the purposes of subsection (2),

    • (a) an act shall be deemed not to have been engaged in in private if it is engaged in in a public place or if more than two persons take part or are present; and

    • (b) a person shall be deemed not to consent to an act

      • (i) if the consent is extorted by force, threats or fear of bodily harm or is obtained by false and fraudulent misrepresentations respecting the nature and quality of the act, or

      • (ii) if the court is satisfied beyond a reasonable doubt that the person could not have consented to the act by reason of mental disability.

  • R.S., 1985, c. C-46, s. 159;
  • R.S., 1985, c. 19 (3rd Supp.), s. 3.
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.

  • 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.
 
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