GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Code — C-46 160
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) Despite subsection (1), every person who commits bestiality in the presence of a person under the age of 16 years, or who incites a person under the age of 16 years to commit bestiality, (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. Order of prohibition or restitution (4) The court may, in addition to any other sentence that it may impose under any of subsections (1) to (3), (a) make an order prohibiting the accused from owning, having the custody or control of or residing in the same premises as an animal during any period that the court considers appropriate but, in the case of a second or subsequent offence, for a minimum of five years; and (b) on application of the Attorney General or on its own motion, order that the accused pay to a person or an organization that has taken care of an animal as a result of the commission of the offence the reasonable costs that the person or organization incurred in respect of the animal, if the costs are readily ascertainable. Breach of order (5) Every person who contravenes an order made under paragraph (4)(a) is guilty of an offence punishable on summary conviction. Application (6) Sections 740 to 741.2 apply, with any modifications that the circumstances require, to orders made under paragraph (4)(b). Definition of bestiality (7) In this section, bestiality means any contact, for a sexual purpose, with an animal. R.S., 1985, c. C-46, s. 160; R.S., 1985, c. 19 (3rd Supp.), s. 3; 2008, c. 6, s. 54; 2012, c. 1, s. 15; 2015, c. 23, s. 5 2019, c. 17, s. 1
Criminal Code — C-46 161
r, 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 of not more than four 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; 2012, c. 1, s. 16; 2014, c. 21, s. 1, c. 25, s. 5; 2015, c. 23, s. 6 2019, c. 25, s. 55
Criminal Code — C-46 162
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
Criminal Code — C-46 162.1
Publication, etc., of an intimate image without consent 162.1 (1) Everyone who knowingly publishes, distributes, transmits, sells, makes available or advertises an intimate image of a person knowing that the person depicted in the image did not give their consent to that conduct, or being reckless as to whether or not that person gave their consent to that conduct, is guilty (a) of an indictable offence and liable to imprisonment for a term of not more than five years; or (b) of an offence punishable on summary conviction. Definition of intimate image (2) In this section, intimate image means a visual recording of a person made by any means including a photographic, film or video recording, (a) in which the person is nude, is exposing his or her genital organs or anal region or her breasts or is engaged in explicit sexual activity; (b) in respect of which, at the time of the recording, there were circumstances that gave rise to a reasonable expectation of privacy; and (c) in respect of which the person depicted retains a reasonable expectation of privacy at the time the offence is committed. Defence (3) No person shall be convicted of an offence under this section if the conduct that forms the subject-matter of the charge serves the public good and does not extend beyond what serves the public good. Question of fact and law, motives (4) For the purposes of subsection (3), (a) it is a question of law whether the conduct serves the public good and whether there is evidence that the conduct alleged goes beyond what serves the public good, but it is a question of fact whether the conduct does or does not extend beyond what serves the public good; and (b) the motives of an accused are irrelevant. 2014, c. 31, s. 3
Criminal Code — C-46 162.2
Prohibition order 162.2 (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 162.1(1), the court that sentences or discharges the offender, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, may make, subject to the conditions or exemptions that the court directs, an order prohibiting the offender from using the Internet or other digital network, unless the offender does so in accordance with conditions set by the court. Duration of prohibition (2) The prohibition may be for any period that the court considers appropriate, including any period to which the offender is sentenced to imprisonment. Court may vary order (3) A court that makes an order of prohibition or, if 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 of not more than four years; or (b) an offence punishable on summary conviction. 2014, c. 31, s. 3; 2015, c. 23, s. 33 2019, c. 25, s. 56
Criminal Code — C-46 163
Obscene materials 163 (1) Every person commits an offence who makes, prints, publishes, distributes, circulates or has in their possession for the purpose of publication, distribution or circulation any obscene written matter, picture, model, phonograph record or any other obscene thing. Idem (2) Every person commits an offence who knowingly, without lawful justification or excuse, (a) sells, exposes to public view or has in their possession for that purpose any obscene written matter, picture, model, phonograph record or any other obscene thing; or (b) publicly exhibits a disgusting object or an indecent show. (c) and (d) [Repealed, 2018, c. 29, s. 11] Defence of public good (3) No person shall be convicted of an offence under this section if the public good was served by the acts that are alleged to constitute the offence and if the acts alleged did not extend beyond what served the public good. Question of law and question of fact (4) For the purposes of this section, it is a question of law whether an act served the public good and whether there is evidence that the act alleged went beyond what served the public good, but it is a question of fact whether the acts did or did not extend beyond what served the public good. Motives irrelevant (5) For the purposes of this section, the motives of an accused are irrelevant. (6) [Repealed, 1993, c. 46, s. 1] (7) [Repealed, 2018, c. 29, s. 11] Obscene publication (8) For the purposes of this Act, any publication a dominant characteristic of which is the undue exploitation of sex, or of sex and any one or more of the following subjects, namely, crime, horror, cruelty and violence, shall be deemed to be obscene. R.S., 1985, c. C-46, s. 163; 1993, c. 46, s. 1; 2018, c. 29, s. 11
Criminal Code — C-46 163.1
l abuse and exploitation material was or was depicted as being eighteen years of age or more unless the accused took all reasonable steps to ascertain the age of that person and took all reasonable steps to ensure that, where the person was eighteen years of age or more, the representation did not depict that person as being under the age of eighteen years. Defence (6) No person shall be convicted of an offence under this section if the act that is alleged to constitute the offence (a) has a legitimate purpose related to the administration of justice or to science, medicine, education or art; and (b) does not pose an undue risk of harm to persons under the age of eighteen years. Question of law (7) For greater certainty, for the purposes of this section, it is a question of law whether any written material, visual representation or audio recording advocates or counsels sexual activity with a person under the age of eighteen years that would be an offence under this Act. 1993, c. 46, s. 2; 2002, c. 13, s. 5; 2005, c. 32, s. 7; 2012, c. 1, s. 17; 2015, c. 23, s. 7 2024, c. 23, s. 1
Criminal Code — C-46 164
2, 162.1, 163, 163.1, 286.4 or 320.103 with respect to those or other copies of the same publication, representation, written material or recording without the consent of the Attorney General. Definitions (8) In this section, advertisement for conversion therapy means any material — including a photographic, film, video, audio or other recording, made by any means, a visual representation or any written material — that is used to promote or advertise conversion therapy contrary to section 320.103; ( publicité de thérapie de conversion ) advertisement of sexual services means any material  —  including a photographic, film, video, audio or other recording, made by any means, a visual representation or any written material  —  that is used to advertise sexual services contrary to section 286.4; ( publicité de services sexuels ) court means (a) in the Province of Quebec, the Court of Quebec, the municipal court of Montreal and the municipal court of Quebec, (a.1) in the Province of Ontario, the Superior Court of Justice, (b) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench, (c) in the Province of Newfoundland and Labrador, the Trial Division of the Supreme Court, (c.1) [Repealed, 1992, c. 51, s. 34] (d) in the Provinces of Nova Scotia, British Columbia and Prince Edward Island, in Yukon and in the Northwest Territories, the Supreme Court, and (e) in Nunavut, the Nunavut Court of Justice; ( tribunal ) crime comic [Repealed, 2018, c. 29, s. 12] intimate image has the same meaning as in subsection 162.1(2); ( image intime ) judge means a judge of a court; ( juge ) voyeuristic recording means a visual recording within the meaning of subsection 162(2) that is made as described in subsection 162(1). ( enregistrement voyeuriste ) R.S., 1985, c. C-46, s. 164; R.S., 1985, c. 27 (2nd Supp.), s. 10, c. 40 (4th Supp.), s. 2; 1990, c. 16, s. 3, c. 17, s. 9; 1992, c. 1, s. 58, c. 51, s. 34; 1993, c. 46, s. 3; 1997, c. 18, s. 5; 1998, c. 30, s. 14; 1999, c. 3, s. 27; 2002, c. 7, s. 139, c. 13, s. 6; 2005, c. 32, s. 8; 2014, c. 25, ss. 6, 46, c. 31, s. 4; 2015, c. 3, s. 46; 2018, c. 29, s. 12 2021, c. 24, s. 1 2024, c. 23, s. 2
Criminal Code — C-46
advertisement for conversion therapy means any material — including a photographic, film, video, audio or other recording, made by any means, a visual representation or any written material — that is used to promote or advertise conversion therapy contrary to section 320.103; ( publicité de thérapie de conversion )
Criminal Code — C-46
advertisement of sexual services means any material  —  including a photographic, film, video, audio or other recording, made by any means, a visual representation or any written material  —  that is used to advertise sexual services contrary to section 286.4; ( publicité de services sexuels )
Criminal Code — C-46 (a)
court means (a) in the Province of Quebec, the Court of Quebec, the municipal court of Montreal and the municipal court of Quebec, (a.1) in the Province of Ontario, the Superior Court of Justice, (b) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench, (c) in the Province of Newfoundland and Labrador, the Trial Division of the Supreme Court, (c.1) [Repealed, 1992, c. 51, s. 34] (d) in the Provinces of Nova Scotia, British Columbia and Prince Edward Island, in Yukon and in the Northwest Territories, the Supreme Court, and (e) in Nunavut, the Nunavut Court of Justice; ( tribunal )
Criminal Code — C-46
crime comic [Repealed, 2018, c. 29, s. 12]
Criminal Code — C-46
intimate image has the same meaning as in subsection 162.1(2); ( image intime )
Criminal Code — C-46
judge means a judge of a court; ( juge )
Criminal Code — C-46
voyeuristic recording means a visual recording within the meaning of subsection 162(2) that is made as described in subsection 162(1). ( enregistrement voyeuriste )
Criminal Code — C-46 164.2
Forfeiture after conviction 164.2 (1) On application of the Attorney General, a court that convicts a person of an offence under section 162.1, 163.1, 172.1 or 172.2, in addition to any other punishment that it may impose, may order that anything — other than real property — be forfeited to Her Majesty and disposed of as the Attorney General directs if it is satisfied, on a balance of probabilities, that the thing (a) was used in the commission of the offence; and (b) is the property of (i) the convicted person or another person who was a party to the offence, or (ii) a person who acquired the thing from a person referred to in subparagraph (i) under circumstances that give rise to a reasonable inference that it was transferred for the purpose of avoiding forfeiture. Third party rights (2) Before making an order under subsection (1), the court shall cause notice to be given to, and may hear, any person whom it considers to have an interest in the thing, and may declare the nature and extent of the person’s interest in it. Right of appeal — third party (3) A person who was heard in response to a notice given under subsection (2) may appeal to the court of appeal against an order made under subsection (1). Right of appeal — Attorney General (4) The Attorney General may appeal to the court of appeal against the refusal of a court to make an order under subsection (1). Application of Part XXI (5) Part XXI applies, with any modifications that the circumstances require, with respect to the procedure for an appeal under subsections (3) and (4). 2002, c. 13, s. 7; 2008, c. 18, s. 4; 2012, c. 1, s. 18; 2014, c. 31, s. 6
Criminal Code — C-46 164.3
Relief from forfeiture 164.3 (1) Within thirty days after an order under subsection 164.2(1) is made, a person who claims an interest in the thing forfeited may apply in writing to a judge for an order under subsection (4). Hearing of application (2) The judge shall fix a day — not less than thirty days after the application is made — for its hearing. Notice to Attorney General (3) At least fifteen days before the hearing, the applicant shall cause notice of the application and of the hearing day to be served on the Attorney General. Order (4) The judge may make an order declaring that the applicant’s interest in the thing is not affected by the forfeiture and declaring the nature and extent of the interest if the judge is satisfied that the applicant (a) was not a party to the offence; and (b) did not acquire the thing from a person who was a party to the offence under circumstances that give rise to a reasonable inference that it was transferred for the purpose of avoiding forfeiture. Appeal to court of appeal (5) A person referred to in subsection (4) or the Attorney General may appeal to the court of appeal against an order made under that subsection. Part XXI applies, with any modifications that the circumstances require, with respect to the procedure for an appeal under this subsection. Powers of Attorney General (6) On application by a person who obtained an order under subsection (4), made after the expiration of the time allowed for an appeal against the order and, if an appeal is taken, after it has been finally disposed of, the Attorney General shall direct that (a) the thing be returned to the person; or (b) an amount equal to the value of the extent of the person’s interest, as declared in the order, be paid to the person. 2002, c. 13, s. 7
Criminal Code — C-46 167
Immoral theatrical performance 167 (1) Every one commits an offence who, being the lessee, manager, agent or person in charge of a theatre, presents or gives or allows to be presented or given therein an immoral, indecent or obscene performance, entertainment or representation. Person taking part (2) Every one commits an offence who takes part or appears as an actor, a performer or an assistant in any capacity, in an immoral, indecent or obscene performance, entertainment or representation in a theatre. R.S., c. C-34, s. 163
Criminal Code — C-46 168
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. 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. R.S., 1985, c. C-46, s. 168; 1999, c. 5, s. 2
Criminal Code — C-46 169
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. R.S., 1985, c. C-46, s. 169; 1999, c. 5, s. 3
Criminal Code — C-46 170
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. R.S., 1985, c. C-46, s. 170; R.S., 1985, c. 19 (3rd Supp.), s. 5; 2005, c. 32, s. 9.1; 2008, c. 6, s. 54; 2012, c. 1, s. 19; 2015, c. 23, s. 8
Criminal Code — C-46 171
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. R.S., 1985, c. C-46, s. 171; R.S., 1985, c. 19 (3rd Supp.), s. 5; 2005, c. 32, s. 9.1; 2008, c. 6, s. 54; 2012, c. 1, s. 20; 2015, c. 23, s. 9