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Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2019-11-19 and last amended on 2019-09-19. Previous Versions

PART VIIIOffences Against the Person and Reputation (continued)

Kidnapping, Trafficking in Persons, Hostage Taking and Abduction (continued)

Marginal note:Abduction of person under age of 16

  •  (1) Every person who, without lawful authority, takes or causes to be taken a person under the age of 16 years out of the possession of and against the will of the parent or guardian of that person or of any other person who has the lawful care or charge of that person 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.

  • Definition of guardian

    (2) In this section and sections 281 to 283, guardian includes any person who has in law or in fact the custody or control of another person.

  • R.S., 1985, c. C-46, s. 280
  • 2019, c. 25, s. 106

Marginal note:Abduction of person under age of 14

 Every person who, not being the parent, guardian or person having the lawful care or charge of a person under the age of 14 years, unlawfully takes, entices away, conceals, detains, receives or harbours that person with intent to deprive a parent or guardian, or any other person who has the lawful care or charge of that person, of the possession of that person 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.

  • R.S., 1985, c. C-46, s. 281
  • 2019, c. 25, s. 107

Marginal note:Abduction in contravention of custody or parenting order

  •  (1) Every one who, being the parent, guardian or person having the lawful care or charge of a child under the age of 14 years, takes, entices away, conceals, detains, receives or harbours that child, in contravention of a custody order or a parenting order made by a court anywhere in Canada, with intent to deprive a parent or guardian, or any other person who has the lawful care or charge of that child, of the possession of that child is guilty of

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

    • (b) an offence punishable on summary conviction.

  • Marginal note:If no belief in validity of custody order or parenting order

    (2) If a count charges an offence under subsection (1) and the offence is not proven only because the accused did not believe that there was a valid custody order or parenting order but the evidence does prove an offence under section 283, the accused may be convicted of an offence under that section.

  • R.S., 1985, c. C-46, s. 282
  • 1993, c. 45, s. 4
  • 2019, c. 16, s. 123

Marginal note:Abduction

  •  (1) Everyone who, being the parent, guardian or person having the lawful care or charge of a child under the age of 14 years, takes, entices away, conceals, detains, receives or harbours that child, whether or not there is an order referred to in subsection 282(1) in respect of the child , with intent to deprive a parent, guardian or any other person who has the lawful care or charge of that child, of the possession of that child, is guilty of

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

    • (b) an offence punishable on summary conviction.

  • Marginal note:Consent required

    (2) No proceedings may be commenced under subsection (1) without the consent of the Attorney General or counsel instructed by him for that purpose.

  • R.S., 1985, c. C-46, s. 283
  • 1993, c. 45, s. 5
  • 2019, c. 16, s. 124

Marginal note:Defence

 No one shall be found guilty of an offence under sections 281 to 283 if he establishes that the taking, enticing away, concealing, detaining, receiving or harbouring of any young person was done with the consent of the parent, guardian or other person having the lawful possession, care or charge of that young person.

  • 1980-81-82-83, c. 125, s. 20

Marginal note:Defence

 No one shall be found guilty of an offence under sections 280 to 283 if the court is satisfied that the taking, enticing away, concealing, detaining, receiving or harbouring of any young person was necessary to protect the young person from danger of imminent harm or if the person charged with the offence was escaping from danger of imminent harm.

  • R.S., 1985, c. C-46, s. 285
  • 1993, c. 45, s. 6

Marginal note:No defence

 In proceedings in respect of an offence under sections 280 to 283, it is not a defence to any charge that a young person consented to or suggested any conduct of the accused.

  • 1980-81-82-83, c. 125, s. 20

Commodification of Sexual Activity

Marginal note:Obtaining sexual services for consideration

  •  (1) Everyone who, in any place, obtains for consideration, or communicates with anyone for the purpose of obtaining for consideration, the sexual services of a person is guilty of

    • (a) an indictable offence and liable to imprisonment for a term of not more than five years and a minimum punishment of,

      • (i) in the case where the offence is committed in a public place, or in any place open to public view, that is or is next to a park or the grounds of a school or religious institution or that is or is next to any other place where persons under the age of 18 can reasonably be expected to be present,

        • (A) for a first offence, a fine of  $2,000, and

        • (B) for each subsequent offence, a fine of  $4,000, or

      • (ii) in any other case,

        • (A) for a first offence, a fine of  $1,000, and

        • (B) for each subsequent offence, a fine of  $2,000; or

    • (b) an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years less a day, or to both, and to a minimum punishment of,

      • (i) in the case referred to in subparagraph (a)(i),

        • (A) for a first offence, a fine of  $1,000, and

        • (B) for each subsequent offence, a fine of  $2,000, or

      • (ii) in any other case,

        • (A) for a first offence, a fine of  $500, and

        • (B) for each subsequent offence, a fine of  $1,000.

  • Marginal note:Obtaining sexual services for consideration from person under 18 years

    (2) Everyone who, in any place, obtains for consideration, or communicates with anyone for the purpose of obtaining for consideration, the sexual services of a person under the age of 18 years is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of

    • (a) for a first offence, six months; and

    • (b) for each subsequent offence, one year.

  • Marginal note:Subsequent offences

    (3) In determining, for the purpose of subsection (2), whether a convicted person has committed a 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 that subsection; or

    • (b) an offence under subsection 212(4) of this Act, as it read from time to time before the day on which this subsection comes into force.

  • Marginal note:Sequence of convictions only

    (4) In determining, for the purposes of this section, whether a convicted person has committed a subsequent offence, the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences, whether any offence occurred before or after any conviction or whether offences were prosecuted by indictment or by way of summary conviction proceedings.

  • Definitions of place and public place

    (5) For the purposes of this section, place and public place have the same meaning as in subsection 197(1).

  • 2014, c. 25, s. 20
  • 2019, c. 25, s. 108
 
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