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Criminal Code

Version of section 98 from 2008-05-01 to 2020-06-17:


Marginal note:Breaking and entering to steal firearm

  •  (1) Every person commits an offence who

    • (a) breaks and enters a place with intent to steal a firearm located in it;

    • (b) breaks and enters a place and steals a firearm located in it; or

    • (c) breaks out of a place after

      • (i) stealing a firearm located in it, or

      • (ii) entering the place with intent to steal a firearm located in it.

  • Definitions of break and place

    (2) In this section, break has the same meaning as in section 321, and place means any building or structure — or part of one — and any motor vehicle, vessel, aircraft, railway vehicle, container or trailer.

  • Marginal note:Entrance

    (3) For the purposes of this section,

    • (a) a person enters as soon as any part of his or her body or any part of an instrument that he or she uses is within any thing that is being entered; and

    • (b) a person is deemed to have broken and entered if he or she

      • (i) obtained entrance by a threat or an artifice or by collusion with a person within, or

      • (ii) entered without lawful justification or excuse by a permanent or temporary opening.

  • Marginal note:Punishment

    (4) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for life.

  • R.S., 1985, c. C-46, s. 98
  • R.S., 1985, c. 27 (1st Supp.), s. 13
  • 1991, c. 40, s. 11
  • 1995, c. 39, s. 139
  • 2008, c. 6, s. 9
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