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Bill C-208

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1st Session, 37th Parliament,
49-50 Elizabeth II,

House of Commons of Canada

BILL C-208

An Act to amend the Criminal Code (sexual offences)

R.S., 1985, c. C-46

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. 19 (3rd Supp.), s. 1

1. Sections 151 and 152 of the Criminal Code are replaced by the following:

Sexual interference

151. (1) Every person who, for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of a person under the age of fourteen years commits an offence.

(2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment

    (a) in the case of a first offence, for a term of two years; and

    (b) in the case of a second or subsequent offence, for a term of five years.

Invitation to sexual touching

152. (1) Every person who, for a sexual purpose, invites, counsels or incites a person under the age of fourteen years 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 person under the age of fourteen years, commits an offence.

(2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment

    (a) in the case of a first offence, for a term of two years; and

    (b) in the case of a second or subsequent offence, for a term of five years.

R.S., c. 19 (3rd Supp.), s. 1

2. Subsection 153(1) of the Act is replaced by the following:

Sexual exploitation

153. (1) Every person who is in a position of trust or authority towards a young person or is a person with whom the young person is in a relationship of dependency 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,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

1994, c. 44, s. 19 R.S., c. 19 (3rd Supp.), s. 10

3. Section 271 of the Act is replaced by the following:

Sexual assault

271. Every one who commits a sexual assault is guilty of an indictable offence and is liable to imprisonment for a term not exceeding ten years.

Mandatory treatment

271.1 (1) A person who is convicted of an offence under any of sections 151 to 53 and 271 shall, in addition to the punishment imposed, undergo treatment for such period as the court directs.

(2) The Governor in Council may, for the purposes of subsection (1), make regulations generally for the provision of the treatment, setting out in particular

    (a) the situations in which the convicted person shall undergo treatment;

    (b) the type of treatment to be provided, which shall in no case interfere with the bodily integrity of the person undergoing the treatment;

    (c) the criteria to be used by the court in determining the period of treatment;

    (d) any type of follow-up to the treatment; and

    (e) any other aspect of the treatment that the Governor in Council considers appropriate.

271.2 The Governor in Council may make regulations establishing standards for the psychological follow-up that may be provided to a victim of an offence under any of sections 151 to 153 and 271 for which a person has been convicted.