C-540
First Session, Forty-first Parliament,
60-61-62 Elizabeth II, 2011-2012-2013
HOUSE OF COMMONS OF CANADA
BILL C-540
An Act to amend the Criminal Code (non-consensual making or distributing of intimate images)
first reading, June 17, 2013
Mr. Chisholm
411777
SUMMARY
This enactment amends the Criminal Code to create the offence of non-consensual making or distributing of intimate images for a malicious purpose.
Available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
1st Session, 41st Parliament,
60-61-62 Elizabeth II, 2011-2012-2013
house of commons of canada
BILL C-540
An Act to amend the Criminal Code (non-consensual making or distributing of intimate images)
R.S., c. C-46
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. The Criminal Code is amended by adding the following after section 162: 
Offence of non-consensual making or distributing of intimate images
162.1 (1) Every one commits an offence who, for a malicious purpose, makes, prints, copies, publishes, distributes, circulates, sells or makes available — including by mechanical or electronic means — a visual recording of a person who is nude, who is exposing his or her genital organs, anal region or her breasts, or who is engaged or depicted as being engaged in explicit sexual activity, without the consent of that person.
Definition of “visual recording” 
(2) In this section, “visual recording” has the same meaning as in subsection 162(2).
Punishment
(3) Every one who commits an offence under subsection (1) is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding 10 years; or
(b) an offence punishable on summary conviction and is liable to imprisonment for a term not exceeding 18 months.
Presumption
(4) In proceedings under this section, evidence that the accused made, printed, copied, published, distributed, circulated, sold or made available a visual recording of a person described in subsection (1) without the consent of that person is, in the absence of any evidence to the contrary, proof that the accused did so for a malicious purpose.
Published under authority of the Speaker of the House of Commons