Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Mailing obscene matter

• 168 (1) Every one commits an offence who makes use of the mails for the purpose of transmitting or delivering anything that is obscene, indecent, immoral or scurrilous.

• Marginal note:Exceptions

  (2) Subsection (1) does not apply to a person who

  • (a) prints or publishes any matter for use in connection with any judicial proceedings or communicates it to persons who are concerned in the proceedings;

  • (b) prints or publishes a notice or report under the direction of a court; or

  • (c) prints or publishes any matter

    • (i) in a volume or part of a genuine series of law reports that does not form part of any other publication and consists solely of reports of proceedings in courts of law, or

    • (ii) in a publication of a technical character that is intended, in good faith, for circulation among members of the legal or medical profession.

Marginal note:Punishment

169 Every one who commits an offence under section 163, 165, 167 or 168 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.

Marginal note:Recruitment — young person

• 169.1 (1) Every person is guilty of an offence who — being in a position of trust, power or authority towards a young person and knowing that the young person is under 18 years of age or being reckless as to that fact — recruits, counsels, encourages or invites the young person to be a party to an offence under this Act or the Controlled Drugs and Substances Act if the young person is afterwards a party to that offence or an offence related to that offence.

• Marginal note:Position of trust, power or authority

  (2) For the purposes of subsection (1), a person is considered to be in a position of trust, power or authority towards a young person by reason, among others, of being 18 years of age or more.

• Marginal note:No defence

  (3) It is not a defence to a charge under subsection (1) that the accused believed that the young person was at least 18 years of age unless the accused took reasonable steps to ascertain the age of the young person.

• Marginal note:Punishment

  (4) Every person who commits an offence under subsection (1) is

  • (a) guilty of an indictable offence and liable to imprisonment for a term of not more than five years; or

  • (b) guilty of an offence punishable on summary conviction.

• Marginal note:Definition of young person

  (5) In this section, young person means a person under the age of 18 years.

Marginal note:Parent or guardian procuring sexual activity

170 Every parent or guardian of a person under the age of 18 years who procures the 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 of not more than 14 years and to a minimum punishment of imprisonment for a term of one year.

Marginal note:Householder permitting prohibited sexual activity

171 Every owner, occupier or manager of premises, or any 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 18 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 of not more than 14 years and to a minimum punishment of imprisonment for a term of one year.

Marginal note:Making sexually explicit material available to child

• 171.1 (1) Every person commits an offence who transmits, makes available, distributes or sells sexually explicit material to

  • (a) a person who is, or who the accused believes is, under the age of 18 years, for the purpose of facilitating the commission of an offence with respect to that person under subsection 153(1), section 155, 163.1, 170, 171 or 279.011 or subsection 279.02(2), 279.03(2), 286.1(2), 286.2(2) or 286.3(2);

  • (b) a person who is, or who the accused believes is, under the age of 16 years, for the purpose of facilitating the commission of an offence under section 151 or 152, subsection 160(3) or 173(2) or section 271, 272, 273 or 280 with respect to that person; or

  • (c) a person who is, or who the accused believes is, under the age of 14 years, for the purpose of facilitating the commission of an offence under section 281 with respect to that person.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1)

  • (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of six months; or

  • (b) is guilty of an offence punishable on summary conviction and is liable 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 90 days.

• Marginal note:Presumption

  (3) Evidence that the person referred to in paragraph (1)(a), (b) or (c) was represented to the accused as being under the age of 18, 16 or 14 years, as the case may be, is, in the absence of evidence to the contrary, proof that the accused believed that the person was under that age.

• Marginal note:No defence

  (4) It is not a defence to a charge under paragraph (1)(a), (b) or (c) that the accused believed that the person referred to in that paragraph was at least 18, 16 or 14 years of age, as the case may be, unless the accused took reasonable steps to ascertain the age of the person.

• Definition of sexually explicit material

  (5) In subsection (1), sexually explicit material means material that is not child sexual abuse and exploitation material, as defined in subsection 163.1(1), and that is

  • (a) a photographic, film, video or other visual representation, whether or not it was made by electronic or mechanical means,

    • (i) that shows a person who is engaged in or is depicted as engaged in explicit sexual activity, or

    • (ii) the dominant characteristic of which is the depiction, for a sexual purpose, of a person’s sexual organs;

  • (b) written material whose dominant characteristic is the description, for a sexual purpose, of explicit sexual activity involving a person; or

  • (c) an audio recording whose dominant characteristic is the description, presentation or representation, for a sexual purpose, of explicit sexual activity involving a person.

• Marginal note:For greater certainty

  (6) For greater certainty, a reference to sexual activity in subsection (5) includes a reference to an act of bestiality, as defined in subsection 160(7).

Marginal note:Corrupting children

• 172 (1) Every person who, in the home of a child, participates in adultery or sexual immorality or indulges in habitual drunkenness or any other form of vice, and by doing so endangers the morals of the child or renders the home an unfit place for the child to be in, is guilty of

  • (a) an indictable offence and liable to imprisonment for a term of not more than two years; or

  • (b) an offence punishable on summary conviction.

• (2) [Repealed, R.S., 1985, c. 19 (3rd Supp.), s. 6]

• Definition of child

  (3) For the purposes of this section, child means a person who is or appears to be under the age of eighteen years.

• Marginal note:Who may institute prosecutions

  (4) No proceedings shall be commenced under subsection (1) without the consent of the Attorney General, unless they are instituted by or at the instance of a recognized society for the protection of children or by an officer of a juvenile court.

Marginal note:Luring a child

• 172.1 (1) Every person commits an offence who, by a means of telecommunication, communicates with

  • (a) a person who is, or who the accused believes is, under the age of 18 years, for the purpose of facilitating the commission of an offence with respect to that person under subsection 153(1), section 155, 163.1, 170, 171 or 279.011 or subsection 279.02(2), 279.03(2), 286.1(2), 286.2(2) or 286.3(2) or the commission of an offence with respect to that person under section 346 of a sexual nature or for a sexual purpose;

  • (b) a person who is, or who the accused believes is, under the age of 16 years, for the purpose of facilitating the commission of an offence under section 151 or 152, subsection 160(3) or 173(2) or section 271, 272, 273 or 280 with respect to that person; or

  • (c) a person who is, or who the accused believes is, under the age of 14 years, for the purpose of facilitating the commission of an offence under section 281 with respect to that person.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1)

  • (a) is guilty of an indictable offence and is liable 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) is guilty of an offence punishable on summary conviction and is liable 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.

• Marginal note:Presumption re age

  (3) Evidence that the person referred to in paragraph (1)(a), (b) or (c) was represented to the accused as being under the age of eighteen years, sixteen years or fourteen years, as the case may be, is, in the absence of evidence to the contrary, proof that the accused believed that the person was under that age.

• Marginal note:No defence

  (4) It is not a defence to a charge under paragraph (1)(a), (b) or (c) that the accused believed that the person referred to in that paragraph was at least eighteen years of age, sixteen years or fourteen years of age, as the case may be, unless the accused took reasonable steps to ascertain the age of the person.

Disorderly Conduct

Marginal note:Agreement or arrangement — sexual offence against child

• 172.2 (1) Every person commits an offence who, by a means of telecommunication, agrees with a person, or makes an arrangement with a person, to commit an offence

  • (a) under subsection 153(1), section 155, 163.1, 170, 171 or 279.011 or subsection 279.02(2), 279.03(2), 286.1(2), 286.2(2) or 286.3(2) with respect to another person who is, or who the accused believes is, under the age of 18 years;

  • (b) under section 151 or 152, subsection 160(3) or 173(2) or section 271, 272, 273 or 280 with respect to another person who is, or who the accused believes is, under the age of 16 years; or

  • (c) under section 281 with respect to another person who is, or who the accused believes is, under the age of 14 years.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1)

  • (a) is guilty of an indictable offence and is liable 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) is guilty of an offence punishable on summary conviction and is liable 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.

• Marginal note:Presumption

  (3) Evidence that the person referred to in paragraph (1)(a), (b) or (c) was represented to the accused as being under the age of 18, 16 or 14 years, as the case may be, is, in the absence of evidence to the contrary, proof that the accused believed that the person was under that age.

• Marginal note:No defence

  (4) It is not a defence to a charge under paragraph (1)(a), (b) or (c) that the accused believed that the person referred to in that paragraph was at least 18, 16 or 14 years of age, as the case may be, unless the accused took reasonable steps to ascertain the age of the person.

• Marginal note:No defence

  (5) It is not a defence to a charge under paragraph (1)(a), (b) or (c)

  • (a) that the person with whom the accused agreed or made an arrangement was a peace officer or a person acting under the direction of a peace officer; or

  • (b) that, if the person with whom the accused agreed or made an arrangement was a peace officer or a person acting under the direction of a peace officer, the person referred to in paragraph (1)(a), (b) or (c) did not exist.

Marginal note:Indecent acts

• 173 (1) Everyone who wilfully does an indecent act in a public place in the presence of one or more persons, or in any place with intent to insult or offend any person,

  • (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than two years; or

  • (b) is guilty of an offence punishable on summary conviction.

• Marginal note:Exposure

  (2) Every person who, in any place, for a sexual purpose, exposes their sexual organs to a person who is under the age of 16 years

  • (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of 90 days; or

  • (b) is guilty of an offence punishable on summary conviction and is liable 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 30 days.