Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Aggravated assault of peace officer

270.02 Everyone who, in committing an assault referred to in section 270, wounds, maims, disfigures or endangers the life of the complainant is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.

Marginal note:Sentences to be served consecutively

270.03 A sentence imposed on a person for an offence under subsection 270(1) or 270.01(1) or section 270.02 committed against a law enforcement officer, as defined in subsection 445.01(4), shall be served consecutively to any other punishment imposed on the person for an offence arising out of the same event or series of events.

Marginal note:Disarming a peace officer

• 270.1 (1) Every one commits an offence who, without the consent of a peace officer, takes or attempts to take a weapon that is in the possession of the peace officer when the peace officer is engaged in the execution of his or her duty.

• Marginal note:Definition of weapon

  (2) For the purpose of subsection (1), weapon means any thing that is designed to be used to cause injury or death to, or to temporarily incapacitate, a person.

• Marginal note:Punishment

  (3) Every one who commits an offence under subsection (1) is guilty of

  • (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

  • (b) an offence punishable on summary conviction and liable to imprisonment for a term of not more than eighteen months.

Marginal note:Sexual assault

271 Everyone who commits a sexual assault is guilty of

• (a) an indictable offence and is liable to imprisonment for a term of not more than 10 years or, if the complainant is under the age of 16 years, 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) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months or, if the complainant is under the age of 16 years, 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:Sexual assault with a weapon, threats to a third party or causing bodily harm

• 272 (1) Every person commits an offence who, in committing a sexual assault,

  • (a) carries, uses or threatens to use a weapon or an imitation of a weapon;

  • (b) threatens to cause bodily harm to a person other than the complainant;

  • (c) causes bodily harm to the complainant; or

  • (d) is a party to the offence with any other person.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1) 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 a term not exceeding 14 years 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 a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of four years; and

  • (a.2) if the complainant is under the age of 16 years, to imprisonment for life and to a minimum punishment of imprisonment for a term of five years; and

  • (b) in any other case, to imprisonment for a term not exceeding fourteen years.

• Marginal note:Subsequent offences

  (3) 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 or 273, subsection 279(1) or section 279.1, 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

  (4) For the purposes of subsection (3), 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:Aggravated sexual assault

• 273 (1) Every one commits an aggravated sexual assault who, in committing a sexual assault, wounds, maims, disfigures or endangers the life of the complainant.

• Marginal note:Aggravated sexual assault

  (2) Every person who commits an aggravated sexual assault 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

  • (a.2) if the complainant is under the age of 16 years, to imprisonment for life and to a minimum punishment of imprisonment for a term of five years; and

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

• Marginal note:Subsequent offences

  (3) 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 or 272, subsection 279(1) or section 279.1, 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

  (4) For the purposes of subsection (3), 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:Meaning of consent

• 273.1 (1) Subject to subsection (2) and subsection 265(3), consent means, for the purposes of sections 271, 272 and 273, the voluntary agreement of the complainant to engage in the sexual activity in question.

• Marginal note:Consent

  (1.1) Consent must be present at the time the sexual activity in question takes place.

• Marginal note:Question of law

  (1.2) The question of whether no consent is obtained under subsection 265(3) or subsection (2) or (3) is a question of law.

• Marginal note:No consent obtained

  (2) For the purpose of subsection (1), 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 induces 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 (2) not limiting

  (3) Nothing in subsection (2) shall be construed as limiting the circumstances in which no consent is obtained.