Bill C-209
If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.
|
|
2nd Session, 36th Parliament, 48 Elizabeth II, 1999
|
|
|
|
The House of Commons of Canada
|
|
|
|
BILL C-209 |
|
|
|
An Act to amend the Criminal Code
(prohibited sexual acts)
|
|
| R.S., c. C-46;
R.S., cc. 2, 11,
27, 31, 47, 51,
52 (1st
Supp.), cc. 1,
24, 27, 35
(2nd Supp.),
cc. 10, 19, 30,
34 (3rd
Supp.), cc. 1,
23, 29, 30, 31,
32, 40, 42, 50
(4th Supp.);
1989, c. 2;
1990, cc. 15,
16, 17, 44;
1991, cc. 1, 4,
28, 40, 43;
1992, cc. 1,
11, 20, 21, 22,
27, 38, 41, 47,
51; 1993,
cc. 7, 25, 28,
34, 37, 40, 45,
46; 1994, cc.
12, 13, 38, 44;
1995, cc. 5,
19, 22, 27, 29,
32, 39, 42;
1996, cc. 7, 8,
16, 19, 31, 34;
1997, cc. 9,
16, 17, 18, 23,
30, 39; 1998,
cc. 7, 9, 15,
30, 34, 35, 37;
1999, c. 5
|
|
|
|
|
1. (1) Subsections 150.1(1) and (2) of the
Criminal Code are replaced by the
following:
|
|
| Consent no
defence
|
150.1 (1) Where an accused is charged with
an offence under section 151 or 152 or
subsection 153(1), 160(3) or 173(2) or is
charged with an offence under section 271,
272 or 273 in respect of a complainant under
the age of sixteen years, it is not a defence that
the complainant consented to the activity that
forms the subject-matter of the charge.
|
|
| Exception
|
(2) Notwithstanding subsection (1), where
an accused is charged with an offence under
section 151 or 152, subsection 173(2) or
section 271 in respect of a complainant who is
twelve years of age or more but under the age
of sixteen years, it is not a defence that the
complainant consented to the activity that
forms the subject-matter of the charge unless
the accused
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(2) Subsection 150.1(4) of the Act is
replaced by the following:
|
|
| Mistake of
age
|
(4) It is not a defence to a charge under
section 151 or 152, subsection 160(3) or
173(2), or section 271, 272 or 273 that the
accused believed that the complainant was
sixteen years of age or more at the time the
offence is alleged to have been committed
unless the accused took all reasonable steps to
ascertain the age of the complainant.
|
|
|
|
2. Sections 151 and 152 of the Act are
replaced by the following:
|
|
| Sexual
interference
|
151. 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 sixteen
years is guilty of an indictable offence and
liable to imprisonment for a term not
exceeding ten years or is guilty of an offence
punishable on summary conviction.
|
|
| Invitation to
sexual
touching
|
152. Evey person who, for a sexual purpose,
invites, counsels or incites a person under the
age of sixteen 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 sixteen years, is guilty of an indictable
offence and liable to imprisonment for a term
not exceeding ten years or is guilty of an
offence punishable on summary conviction.
|
|
|
|
3. Subsection 153(2) of the Act is replaced
by the following:
|
|
| Definition of
``young
person''
|
(2) In this section, ``young person'' means
a person sixteen years of age or more but
under the age of eighteen years.
|
|
|
|
4. Subsection 160(3) of the Act is replaced
by the following:
|
|
| Bestiality in
presence of or
by child
|
(3) Notwithstanding subsection (1), every
person who, in the presence of a person under
the age of sixteen years, commits bestiality or
who incites a person under the age of sixteen
years to commit bestiality is guilty of an
indictable offence and liable to imprisonment
for a term not exceeding ten years or is guilty
of an offence punishable on summary
conviction.
|
|
|
|
5. Subsection 161(1) of the Act is replaced
by the following:
|
|
| Order of
prohibition
|
161. (1) Where an offender is convicted, or
is discharged on the conditions prescribed in
a probation order under section 736, of an
offence under section 151, 152, 155 or 159,
subsection 160(2) or (3) or section 170, 171,
271, 272 or 273, in respect of a person who is
under the age of sixteen years, the court that
sentences the offender or directs that the
accused be discharged, as the case may be, in
addition to any other punishment that may be
imposed for that offence or any other
condition prescribed in the order of discharge,
shall consider making and may make, subject
to the conditions or exemptions that the court
directs, an order prohibiting the offender from
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Order of
prohibition
|
(1.1) Where an offender is convicted, or is
discharged on the conditions prescribed in a
probation order under section 736, of an
offence under section 281, in respect of a
person who is under the age of fourteen years,
the court that sentences the offender or directs
that the accused be discharged, as the case
may be, in addition to any other punishment
that may be imposed for that offence or any
other condition prescribed in the order of
discharge, shall consider making and may
make, subject to the conditions or exemptions
that the court directs, an order prohibiting the
offender from
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
6. Sections 170 and 171 of the Act are
replaced by the following:
|
|
| Parent or
guardian
procuring
sexual activity
|
170. Every parent or guardian of a person
under the age of eighteen years who procures
that person for the purpose of engaging in any
sexual activity prohibited by this Act with a
person other than the parent or guardian is
guilty of an indictable offence and liable to
imprisonment for a term not exceeding five
years, if the person procured for that purpose
is under the age of sixteen years, or to
imprisonment for a term not exceeding two
years if the person so procured is sixteen years
of age or more but under the age of eighteen
years.
|
|
| Householder
permitting
sexual activity
|
171. Every owner, occupier or manager of
premises or other person who has control of
premises or assists in the management or
control of premises who knowingly permits a
person under the age of eighteen years to
resort to or to be in or on the premises for the
purpose of engaging in any sexual activity
prohibited by this Act is guilty of an indictable
offence and liable to imprisonment for a term
not exceeding five years, if the person in
question is under the age of sixteen years, or
to imprisonment for a term not exceeding two
years if the person in question is sixteen years
of age or more but under the age of eighteen
years.
|
|
|
|
7. Subsection 173(2) of the Act is replaced
by the following:
|
|
| Exposure
|
(2) Every person who, in any place, for a
sexual purpose, exposes his or her genital
organs to a person who is under the age of
sixteen years is guilty of an offence
punishable on summary conviction.
|
|