| Page: 1 | Rating: Unrated [0] |
Sexual Offences As Per Criminal Code Of Canada
| Good [+1]Toggle ReplyLink» ufot replied on Fri Dec 5, 2008 @ 12:51pm |
 Coolness: 93090 | Based on everyones interest in sex recently and some disconcerting remarks, here's a copy of the Sexual Offences section of the Criminal code of Canada :D
Sexual Offences Consent no defence 150.1 (1) Subject to subsections (2) to (2.2), when 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 16 years, it is not a defence that the complainant consented to the activity that forms the subject-matter of the charge. Exception — complainant aged 12 or 13 (2) When 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 12 years of age or more but under the age of 14 years, it is a defence that the complainant consented to the activity that forms the subject-matter of the charge if the accused (a) is less than two years older than the complainant; and (b) is not in a position of trust or authority towards the complainant, is not a person with whom the complainant is in a relationship of dependency and is not in a relationship with the complainant that is exploitative of the complainant. Exception — complainant aged 14 or 15 (2.1) When 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 14 years of age or more but under the age of 16 years, it is a defence that the complainant consented to the activity that forms the subject-matter of the charge if (a) the accused (i) is less than five years older than the complainant; and (ii) is not in a position of trust or authority towards the complainant, is not a person with whom the complainant is in a relationship of dependency and is not in a relationship with the complainant that is exploitative of the complainant; or (b) the accused is married to the complainant. Exception for transitional purposes (2.2) When the accused referred to in subsection (2.1) is five or more years older than the complainant, it is a defence that the complainant consented to the activity that forms the subject-matter of the charge if, on the day on which this subsection comes into force, (a) the accused is the common-law partner of the complainant, or has been cohabiting with the complainant in a conjugal relationship for a period of less than one year and they have had or are expecting to have a child as a result of the relationship; and (b) the accused is not in a position of trust or authority towards the complainant, is not a person with whom the complainant is in a relationship of dependency and is not in a relationship with the complainant that is exploitative of the complainant. Exemption for accused aged twelve or thirteen (3) No person aged twelve or thirteen years shall be tried for an offence under section 151 or 152 or subsection 173(2) unless the person is in a position of trust or authority towards the complainant, is a person with whom the complainant is in a relationship of dependency or is in a relationship with the complainant that is exploitative of the complainant. 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 16 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. Idem (5) It is not a defence to a charge under section 153, 159, 170, 171 or 172 or subsection 212(2) or (4) that the accused believed that the complainant was eighteen 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. Mistake of age (6) An accused cannot raise a mistaken belief in the age of the complainant in order to invoke a defence under subsection (2) or (2.1) unless the accused took all reasonable steps to ascertain the age of the complainant. R.S., 1985, c. 19 (3rd Supp.), s. 1; 2005, c. 32, s. 2; 2008, c. 6, ss. 13, 54. 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 16 years (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of forty-five days; or (b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months and to a minimum punishment of imprisonment for a term of fourteen days. R.S., 1985, c. C-46, s. 151; R.S., 1985, c. 19 (3rd Supp.), s. 1; 2005, c. 32, s. 3; 2008, c. 6, s. 54. Invitation to sexual touching 152. Every person who, for a sexual purpose, invites, counsels or incites a person under the age of 16 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 16 years, (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of forty-five days; or (b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months and to a minimum punishment of imprisonment for a term of fourteen days. R.S., 1985, c. C-46, s. 152; R.S., 1985, c. 19 (3rd Supp.), s. 1; 2005, c. 32, s. 3; 2008, c. 6, s. 54. Sexual exploitation 153. (1) Every person commits an offence who is in a position of trust or authority towards a young person, who is a person with whom the young person is in a relationship of dependency or who is in a relationship with a young person that is exploitative of the young person, 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. Punishment (1.1) Every person who commits an offence under subsection (1) (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of forty-five days; or (b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months and to a minimum punishment of imprisonment for a term of fourteen days. Inference of sexual exploitation (1.2) A judge may infer that a person is in a relationship with a young person that is exploitative of the young person from the nature and circumstances of the relationship, including (a) the age of the young person; (b) the age difference between the person and the young person; (c) the evolution of the relationship; and (d) the degree of control or influence by the person over the young person. Definition of “young person” (2) In this section, "young person" means a person 16 years of age or more but under the age of eighteen years. R.S., 1985, c. C-46, s. 153; R.S., 1985, c. 19 (3rd Supp.), s. 1; 2005, c. 32, s. 4; 2008, c. 6, s. 54. Sexual exploitation of person with disability 153.1 (1) Every person who is in a position of trust or authority towards a person with a mental or physical disability or who is a person with whom a person with a mental or physical disability is in a relationship of dependency and who, for a sexual purpose, counsels or incites that person to touch, without that person’s consent, his or her own body, the body of the person who so counsels or incites, or the body of any other person, directly or indirectly, with a part of the body or with an object, is guilty of (a) an indictable offence and liable to imprisonment for a term not exceeding five years; or (b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months. Definition of “consent” (2) Subject to subsection (3), "consent" means, for the purposes of this section, the voluntary agreement of the complainant to engage in the sexual activity in question. When no consent obtained (3) No consent is obtained, for the purposes of this section, if (a) the agreement is expressed by the words or conduct of a person other than the complainant; (b) the complainant is incapable of consenting to the activity; (c) the accused counsels or incites 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. Subsection (3) not limiting (4) Nothing in subsection (3) shall be construed as limiting the circumstances in which no consent is obtained. When belief in consent not a defence (5) It is not a defence to a charge under this section that the accused believed that the complainant consented to the activity that forms the subject-matter of the charge if (a) the accused’s belief arose from the accused’s (i) self-induced intoxication, or (ii) recklessness or wilful blindness; or (b) the accused did not take reasonable steps, in the circumstances known to the accused at the time, to ascertain that the complainant was consenting. Accused’s belief as to consent (6) If an accused alleges that he or she believed that the complainant consented to the conduct that is the subject-matter of the charge, a judge, if satisfied that there is sufficient evidence and that, if believed by the jury, the evidence would constitute a defence, shall instruct the jury, when reviewing all the evidence relating to the determination of the honesty of the accused’s belief, to consider the presence or absence of reasonable grounds for that belief. 1998, c. 9, s. 2. 154. [Repealed, R.S., 1985, c. 19 (3rd Supp.), s. 1] Incest 155. (1) Every one commits incest who, knowing that another person is by blood relationship his or her parent, child, brother, sister, grandparent or grandchild, as the case may be, has sexual intercourse with that person. Punishment (2) Every one who commits incest is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years. Defence (3) No accused shall be determined by a court to be guilty of an offence under this section if the accused was under restraint, duress or fear of the person with whom the accused had the sexual intercourse at the time the sexual intercourse occurred. Definition of “brother” and “sister” (4) In this section, "brother" and "sister" , respectively, include half-brother and half-sister. R.S., 1985, c. C-46, s. 155; R.S., 1985, c. 27 (1st Supp.), s. 21. 156. to 158. [Repealed, R.S., 1985, c. 19 (3rd Supp.), s. 2] Anal intercourse 159. (1) Every person who engages in an act of anal intercourse 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. Exception (2) Subsection (1) does not apply to any act engaged in, in private, between (a) husband and wife, or (b) any two persons, each of whom is eighteen years of age or more, both of whom consent to the act. Idem (3) For the purposes of subsection (2), (a) an act shall be deemed not to have been engaged in in private if it is engaged in in a public place or if more than two persons take part or are present; and (b) a person shall be deemed not to consent to an act (i) if the consent is extorted by force, threats or fear of bodily harm or is obtained by false and fraudulent misrepresentations respecting the nature and quality of the act, or (ii) if the court is satisfied beyond a reasonable doubt that the person could not have consented to the act by reason of mental disability. R.S., 1985, c. C-46, s. 159; R.S., 1985, c. 19 (3rd Supp.), s. 3. Bestiality 160. (1) Every person who commits 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. Compelling the commission of bestiality (2) Every person who compels another 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. Bestiality in presence of or by child (3) Notwithstanding subsection (1), every person who, in the presence of a person under the age of 16 years, commits bestiality or who incites a person under the age of 16 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. R.S., 1985, c. C-46, s. 160; R.S., 1985, c. 19 (3rd Supp.), s. 3; 2008, c. 6, s. 54. Order of prohibition 161. (1) When an offender is convicted, or is discharged on the conditions prescribed in a probation order under section 730, of an offence referred to in subsection (1.1) in respect of a person who is under the age of 16 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 (a) attending a public park or public swimming area where persons under the age of 16 years are present or can reasonably be expected to be present, or a daycare centre, schoolground, playground or community centre; (b) seeking, obtaining or continuing any employment, whether or not the employment is remunerated, or becoming or being a volunteer in a capacity, that involves being in a position of trust or authority towards persons under the age of 16 years; or (c) using a computer system within the meaning of subsection 342.1(2) for the purpose of communicating with a person under the age of 16 years. Offences (1.1) The offences for the purpose of subsection (1) are (a) an offence under section 151, 152, 155 or 159, subsection 160(2) or (3), section 163.1, 170, 171 or 172.1, subsection 173(2) or section 271, 272, 273 or 281; (b) an offence under section 144 (rape), 145 (attempt to commit rape), 149 (indecent assault on female), 156 (indecent assault on male) or 245 (common assault) or subsection 246(1) (assault with intent) of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as it read immediately before January 4, 1983; or (c) an offence under subsection 146(1) (sexual intercourse with a female under 14) or section 153 (sexual intercourse with step-daughter), 155 (buggery or bestiality), 157 (gross indecency), 166 (parent or guardian procuring defilement) or 167 (householder permitting defilement) of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as it read immediately before January 1, 1988. Duration of prohibition (2) The prohibition may be for life or for any shorter duration that the court considers desirable and, in the case of a prohibition that is not for life, the prohibition begins on the later of (a) the date on which the order is made; and (b) where the offender is sentenced to a term of imprisonment, the date on which the offender is released from imprisonment for the offence, including release on parole, mandatory supervision or statutory release. Court may vary order (3) A court that makes an order of prohibition or, where the court is for any reason unable to act, another court of equivalent jurisdiction in the same province, may, on application of the offender or the prosecutor, require the offender to appear before it at any time and, after hearing the parties, that court may vary the conditions prescribed in the order if, in the opinion of the court, the variation is desirable because of changed circumstances after the conditions were prescribed. Offence (4) Every person who is bound by an order of prohibition and who does not comply with the order is guilty of (a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or (b) an offence punishable on summary conviction. R.S., 1985, c. C-46, s. 161; R.S., 1985, c. 19 (3rd Supp.), s. 4; 1993, c. 45, s. 1; 1995, c. 22, s. 18; 1997, c. 18, s. 4; 1999, c. 31, s. 67; 2002, c. 13, s. 4; 2005, c. 32, s. 5; 2008, c. 6, s. 54. Voyeurism 162. (1) Every one commits an offence who, surreptitiously, observes — including by mechanical or electronic means — or makes a visual recording of a person who is in circumstances that give rise to a reasonable expectation of privacy, if (a) the person is in a place in which a person can reasonably be expected to be nude, to expose his or her genital organs or anal region or her breasts, or to be engaged in explicit sexual activity; (b) the person is nude, is exposing his or her genital organs or anal region or her breasts, or is engaged in explicit sexual activity, and the observation or recording is done for the purpose of observing or recording a person in such a state or engaged in such an activity; or (c) the observation or recording is done for a sexual purpose. Definition of "visual recording" (2) In this section, “visual recording” includes a photographic, film or video recording made by any means. Exemption (3) Paragraphs (1)(a) and (b) do not apply to a peace officer who, under the authority of a warrant issued under section 487.01, is carrying out any activity referred to in those paragraphs. Printing, publication, etc., of voyeuristic recordings (4) Every one commits an offence who, knowing that a recording was obtained by the commission of an offence under subsection (1), prints, copies, publishes, distributes, circulates, sells, advertises or makes available the recording, or has the recording in his or her possession for the purpose of printing, copying, publishing, distributing, circulating, selling or advertising it or making it available. Punishment (5) Every one who commits an offence under subsection (1) or (4) (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or (b) is guilty of an offence punishable on summary conviction. Defence (6) No person shall be convicted of an offence under this section if the acts that are alleged to constitute the offence serve the public good and do not extend beyond what serves the public good. Question of law, motives (7) For the purposes of subsection (6), (a) it is a question of law whether an act serves the public good and whether there is evidence that the act alleged goes beyond what serves the public good, but it is a question of fact whether the act does or does not extend beyond what serves the public good; and (b) the motives of an accused are irrelevant. R.S., 1985, c. C-46, s. 162; R.S., 1985, c. 19 (3rd Supp.), s. 4; 2005, c. 32, s. 6. Ufot-smarter people get smarter by learning |
| I'm feeling haxin an milkin all right now.. | |
| Good [+1]Toggle ReplyLink» Gamos replied on Fri Dec 5, 2008 @ 1:03pm |
 Coolness: 93485 | was this really necessary? :| |
| I'm feeling empty right now.. | |
| Good [+1]Toggle ReplyLink» ufot replied on Fri Dec 5, 2008 @ 1:05pm |
| Coolness: 93090 | no, but it can be insightfull for some and entertaining for others... I doubt many people have ever read this, I know I haven't.... until today that is...
Ufot-the power of the mind |
| I'm feeling haxin an milkin all right now.. | |
| Good [+1]Toggle ReplyLink» cutterhead replied on Fri Dec 5, 2008 @ 1:11pm |
 Coolness: 131585 | Anal intercourse
159. (1) Every person who engages in an act of anal intercourse 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. Exception (2) Subsection (1) does not apply to any act engaged in, in private, between (a) husband and wife, or (b) any two persons, each of whom is eighteen years of age or more, allright ! Oo but having it with yourself is not stipulated , haha |
| I'm feeling 4.5kw 240vrms 45a right now.. | |
| Good [+1]Toggle ReplyLink» ufot replied on Fri Dec 5, 2008 @ 1:15pm |
| Coolness: 93090 | Originally Posted By CUTTERHEAD
Anal intercourse 159. (1) Every person who engages in an act of anal intercourse 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. Exception (2) Subsection (1) does not apply to any act engaged in, in private, between (a) husband and wife, or (b) any two persons, each of whom is eighteen years of age or more, allright ! Oo ya, you have to be 18+ to have butt sex... weird eh? Some states in teh US it is still illegal to "sodomize" BTW, here is the full listing of the laws in Canada, great resource >> [ laws.justice.gc.ca ] Ufot-where'd I put that? |
| I'm feeling haxin an milkin all right now.. | |
| Good [+1]Toggle ReplyLink» cutterhead replied on Fri Dec 5, 2008 @ 1:23pm |
| Coolness: 131585 | lol yea i read a lot on the criminal code as well.
i see u were typing when i modified the message : ************************************************ having it with yourself is not stipulated , haha ************************************************ lol and im shure its the kind of shit that falls into the unsuitable public performances acts. :D |
| I'm feeling 4.5kw 240vrms 45a right now.. | |
| Good [+1]Toggle ReplyLink» caro replied on Fri Dec 5, 2008 @ 1:27pm |
 Coolness: 151930 | am i the only one who finds this hilarious?
and by this i mean the code itself, clearly. +1o pts ufot ! |
| I'm feeling the hate right now.. | |
| Good [+1]Toggle ReplyLink» Masa replied on Fri Dec 5, 2008 @ 1:28pm |
 Coolness: 158760 | There's nothing funnay about buttsecks.
Well, maybe just a bit. :p |
| I'm feeling alive n' learned :) right now.. | |
| Good [+1]Toggle ReplyLink» JojoBizarre replied on Fri Dec 5, 2008 @ 1:31pm |
 Coolness: 294965 | yes there is...
SURPRISE BUTTSECKS IS FUNNY  |
| I'm feeling yeah right now.. | |
| Good [+1]Toggle ReplyLink» Masa replied on Fri Dec 5, 2008 @ 1:37pm |
| Coolness: 158760 | Awwww DreyFunk :p |
| I'm feeling alive n' learned :) right now.. | |
| Good [+1]Toggle ReplyLink» MolocH replied on Fri Dec 5, 2008 @ 1:43pm |
 Coolness: 226265 | cuteness |
| I'm feeling jaded right now.. | |
| Good [+1]Toggle ReplyLink» ufot replied on Fri Dec 5, 2008 @ 2:01pm |
| Coolness: 93090 | Originally Posted By CARO
am i the only one who finds this hilarious? and by this i mean the code itself, clearly. +1o pts ufot ! THanks CARO :D And yes, it is amusing, but if you really wana laugh, you should read the charter of rights and freedoms... women are considered to be like the disabled... BTW< im not kidding, it was upadted in the 80s.... hahahah Ufot-oops, they wrote it again |
| I'm feeling haxin an milkin all right now.. | |
| Good [+1]Toggle ReplyLink» Turtle replied on Fri Dec 5, 2008 @ 2:56pm |
 Coolness: 68295 | ufot butt sex really i am ROFL u r too much!!! |
| I'm feeling happy right now.. | |
| Good [+1]Toggle ReplyLink» cutterhead replied on Fri Dec 5, 2008 @ 3:17pm |
| Coolness: 131585 | 10 y on ass pounding is a lot ! |
| I'm feeling 4.5kw 240vrms 45a right now.. | |
Sexual Offences As Per Criminal Code Of Canada
| Page: 1 |
[ Cumbre de Página ] |
Post A Reply |
You must be logged in to post a reply.
[ Cumbre de Página ] |
