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Criminal Code (R.S.C., 1985, c. C-46)

Full Document:  

Act current to 2022-05-02 and last amended on 2022-01-16. Previous Versions

PART VIIIOffences Against the Person and Reputation (continued)

Assaults (continued)

Marginal note:Unlawfully causing bodily harm

 Every one who unlawfully causes bodily harm to any person is guilty of

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

  • (b) an offence punishable on summary conviction.

Marginal note:Aggravating circumstance — assault against a public transit operator

  •  (1) When a court imposes a sentence for an offence referred to in paragraph 264.1(1)(a) or any of sections 266 to 269, it shall consider as an aggravating circumstance the fact that the victim of the offence was, at the time of the commission of the offence, a public transit operator engaged in the performance of his or her duty.

  • Marginal note:Definitions

    (2) The following definitions apply in this section.

    public transit operator

    public transit operator means an individual who operates a vehicle used in the provision of passenger transportation services to the public, and includes an individual who operates a school bus. (conducteur de véhicule de transport en commun)

    vehicle

    vehicle includes a bus, paratransit vehicle, licensed taxi cab, train, subway, tram and ferry. (véhicule)

  • 2015, c. 1, s. 1

Marginal note:Torture

  •  (1) Every official, or every person acting at the instigation of or with the consent or acquiescence of an official, who inflicts torture on any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • Marginal note:Definitions

    (2) For the purposes of this section,

    official

    official means

    • (a) a peace officer,

    • (b) a public officer,

    • (c) a member of the Canadian Forces, or

    • (d) any person who may exercise powers, pursuant to a law in force in a foreign state, that would, in Canada, be exercised by a person referred to in paragraph (a), (b), or (c),

    whether the person exercises powers in Canada or outside Canada; (fonctionnaire)

    torture

    torture means any act or omission by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person

    • (a) for a purpose including

      • (i) obtaining from the person or from a third person information or a statement,

      • (ii) punishing the person for an act that the person or a third person has committed or is suspected of having committed, and

      • (iii) intimidating or coercing the person or a third person, or

    • (b) for any reason based on discrimination of any kind,

    but does not include any act or omission arising only from, inherent in or incidental to lawful sanctions. (torture)

  • Marginal note:No defence

    (3) It is no defence to a charge under this section that the accused was ordered by a superior or a public authority to perform the act or omission that forms the subject-matter of the charge or that the act or omission is alleged to have been justified by exceptional circumstances, including a state of war, a threat of war, internal political instability or any other public emergency.

  • Marginal note:Evidence

    (4) In any proceedings over which Parliament has jurisdiction, any statement obtained as a result of the commission of an offence under this section is inadmissible in evidence, except as evidence that the statement was so obtained.

  • R.S., 1985, c. 10 (3rd Supp.), s. 2

Marginal note:Assaulting a peace officer

  •  (1) Every one commits an offence who

    • (a) assaults a public officer or peace officer engaged in the execution of his duty or a person acting in aid of such an officer;

    • (b) assaults a person with intent to resist or prevent the lawful arrest or detention of himself or another person; or

    • (c) assaults a person

      • (i) who is engaged in the lawful execution of a process against lands or goods or in making a lawful distress or seizure, or

      • (ii) with intent to rescue anything taken under lawful process, distress or seizure.

  • Marginal note:Punishment

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

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

    • (b) an offence punishable on summary conviction.

  • R.S., c. C-34, s. 246
  • 1972, c. 13, s. 22
  • 1980-81-82-83, c. 125, s. 19

Marginal note:Assaulting peace officer with weapon or causing bodily harm

  •  (1) Everyone commits an offence who, in committing an assault referred to in section 270,

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

    • (b) causes bodily harm to the complainant.

  • Marginal note:Punishment

    (2) Everyone 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 10 years; or

    • (b) an offence punishable on summary conviction.

Marginal note:Aggravated assault of peace officer

 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.

  • 2009, c. 22, s. 9

Marginal note:Sentences to be served consecutively

 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.

  • 2015, c. 34, s. 2

Marginal note:Disarming a peace officer

  •  (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.

Marginal note:Sexual assault

 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.

  • R.S., 1985, c. C-46, s. 271
  • R.S., 1985, c. 19 (3rd Supp.), s. 10
  • 1994, c. 44, s. 19
  • 2012, c. 1, s. 25
  • 2015, c. 23, s. 14

Marginal note:Sexual assault with a weapon, threats to a third party or causing bodily harm

  •  (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;

    • (c.1) chokes, suffocates or strangles 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.

  • R.S., 1985, c. C-46, s. 272
  • 1995, c. 39, s. 145
  • 2008, c. 6, s. 28
  • 2009, c. 22, s. 10
  • 2012, c. 1, s. 26
  • 2015, c. 23, s. 15
  • 2019, c. 25, s. 97

Marginal note:Aggravated sexual assault

  •  (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.

  • R.S., 1985, c. C-46, s. 273
  • 1995, c. 39, s. 146
  • 2008, c. 6, s. 29
  • 2009, c. 22, s. 11
  • 2012, c. 1, s. 27

Marginal note:Meaning of consent

  •  (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.

  • 1992, c. 38, s. 1
  • 2018, c. 29, s. 19
 
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