History of Invitation to Sexual Touching (Offence): Difference between revisions
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==History== | ==History== | ||
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===2015 to present=== | ===2015 to present=== | ||
On July 17, 2015, the Tougher Penalties for Child Predators Act (Bill C-26) came into force resulting in an increase of the maximum penalties. The maximum for summary election offences increased from 18 months to 2 years less a day. The maximum for indictable election offences increased from 10 years to 14 years. | On July 17, 2015, the ''Tougher Penalties for Child Predators Act'' (Bill C-26) came into force resulting in an increase of the maximum penalties. The maximum for summary election offences increased from 18 months to 2 years less a day. The maximum for indictable election offences increased from 10 years to 14 years. | ||
{{ | {{quotation1| | ||
; 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, | 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 is liable to imprisonment for a term of not more than<u> 14 </u>years and to a minimum punishment of imprisonment for a term of one year; or | :(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than<u> 14 </u>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<u> two years less a day </u>and to a minimum punishment of imprisonment for a term of 90 days. | :(b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than<u> two years less a day </u>and to a minimum punishment of imprisonment for a term of 90 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; 2012, c. 1, s. 12; 2015, c. 23, s. 3. | R.S., {{LegHistory80s|1985, c. C-46}}, s. 152; R.S., {{LegHistory80s|1985, c. 19 (3rd Supp.)}}, s. 1; {{LegHistory00s|2005, c. 32}}, s. 3; {{LegHistory00s|2008, c. 6}}, s. 54; {{LegHistory10s|2012, c. 1}}, s. 12; {{LegHistory10s|2015, c. 23}}, s. 3. | ||
|[http://canlii.ca/t/52rvv#sec152 CCC] | |[http://canlii.ca/t/52rvv#sec152 CCC] | ||
| Line 21: | Line 22: | ||
On August 9, 2012, this section was amended to increase the minimum penalties from 14 days for summary and 45 days indictable to 90 days and 1 year, respectively. | On August 9, 2012, this section was amended to increase the minimum penalties from 14 days for summary and 45 days indictable to 90 days and 1 year, respectively. | ||
{{ | {{quotation1| | ||
; 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, | 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<u> is </u>liable to imprisonment for a term<u> of not more than 10</u> years and to a minimum punishment of imprisonment for a term of<u> one year</u>; or | :(a) is guilty of an indictable offence and<u> is </u>liable to imprisonment for a term<u> of not more than 10</u> years and to a minimum punishment of imprisonment for a term of<u> one year</u>; or | ||
:(b) is guilty of an offence punishable on summary conviction and<u> is </u>liable to imprisonment for a term<u> of not more than 18</u> months and to a minimum punishment of imprisonment for a term of<u> 90 </u>days. | :(b) is guilty of an offence punishable on summary conviction and<u> is </u>liable to imprisonment for a term<u> of not more than 18</u> months and to a minimum punishment of imprisonment for a term of<u> 90 </u>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; 2012, c. 1, s. 12. | R.S., {{LegHistory80s|1985, c. C-46}}, s. 152; R.S., {{LegHistory80s|1985, c. 19 (3rd Supp.)}}, s. 1; {{LegHistory00s|2005, c. 32}}, s. 3; {{LegHistory00s|2008, c. 6}}, s. 54; {{LegHistory10s|2012, c. 1}}, s. 12. | ||
|[http://canlii.ca/t/51zln CCC] | |[http://canlii.ca/t/51zln CCC] | ||
}} | }} | ||
| Line 33: | Line 34: | ||
===2008 to 2012=== | ===2008 to 2012=== | ||
{{ | On July 20, 2005, s. 152 was amended to read: | ||
{{quotation1| | |||
; Invitation to sexual touching | |||
152. Every person who, for a sexual purpose, invites, counsels or incites a person under the age of<u> 16 </u>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<u> 16 </u>years, | 152. Every person who, for a sexual purpose, invites, counsels or incites a person under the age of<u> 16 </u>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<u> 16 </u>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 | :(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. | :(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. | R.S., {{LegHistory80s|1985, c. C-46}}, s. 152; R.S., {{LegHistory80s|1985, c. 19 (3rd Supp.)}}, s. 1; {{LegHistory00s|2005, c. 32}}, s. 3; {{LegHistory00s|2008, c. 6}}, s. 54. | ||
|[http://canlii.ca/t/kmnw CCC] | |[http://canlii.ca/t/kmnw CCC] | ||
}} | }} | ||
| Line 45: | Line 47: | ||
===2005 to 2008=== | ===2005 to 2008=== | ||
{{ | On November 1, 2005, s. 152 was amended to read: | ||
{{quotation1| | |||
; Invitation to sexual touching | |||
152. Every person who, for a sexual purpose, invites, counsels or incites a person under the age of fourteen 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 fourteen years,<u> | 152. Every person who, for a sexual purpose, invites, counsels or incites a person under the age of fourteen 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 fourteen years,<u> | ||
:(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 | :(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. | :(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. | ||
</u> | </u> | ||
R.S., 1985, c. C-46, s. 152; R.S., 1985, c. 19 (3rd Supp.), s. 1; 2005, c. 32, s. 3. | R.S., {{LegHistory80s|1985, c. C-46}}, s. 152; R.S., {{LegHistory80s|1985, c. 19 (3rd Supp.)}}, s. 1; {{LegHistory00s|2005, c. 32}}, s. 3. | ||
|[http://canlii.ca/t/hzbl CCC] | |[http://canlii.ca/t/hzbl CCC] | ||
}} | }} | ||
| Line 58: | Line 61: | ||
===1985 to 2005=== | ===1985 to 2005=== | ||
From the revision of the Criminal Code until amendments on November 1, 2005, s. 152 stated: | From the revision of the Criminal Code until amendments on November 1, 2005, s. 152 stated: | ||
{{ | {{quotation1| | ||
; Invitation to sexual touching | |||
152. Every person who, for a sexual purpose, invites, counsels or incites a person under the age of fourteen 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 fourteen 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. | 152. Every person who, for a sexual purpose, invites, counsels or incites a person under the age of fourteen 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 fourteen 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. | ||
<br> | <br> | ||
R.S., 1985, c. C-46, s. 152; R.S., 1985, c. 19 (3rd Supp.), s. 1. | R.S., {{LegHistory80s|1985, c. C-46}}, s. 152; R.S., {{LegHistory80s|1985, c. 19 (3rd Supp.)}}, s. 1. | ||
|[http://canlii.ca/t/hz9v CCC] | |[http://canlii.ca/t/hz9v CCC] | ||
}} | }} | ||
Latest revision as of 13:07, 13 May 2024
| This page was last substantively updated or reviewed August 2021. (Rev. # 92583) |
- < Criminal Law
- < Legislative History
History
2015 to present
On July 17, 2015, the Tougher Penalties for Child Predators Act (Bill C-26) came into force resulting in an increase of the maximum penalties. The maximum for summary election offences increased from 18 months to 2 years less a day. The maximum for indictable election offences increased from 10 years to 14 years.
- 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 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 90 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; 2012, c. 1, s. 12; 2015, c. 23, s. 3.
– CCC
Changes from 2015 are underlined.
2012 to 2015
On August 9, 2012, this section was amended to increase the minimum penalties from 14 days for summary and 45 days indictable to 90 days and 1 year, respectively.
- 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 is liable to imprisonment for a term of not more than 10 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 18 months and to a minimum punishment of imprisonment for a term of 90 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; 2012, c. 1, s. 12.
– CCC
Changes from 2012 are underlined.
2008 to 2012
On July 20, 2005, s. 152 was amended to read:
- 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.
– CCC
Changes from 2008 are underlined.
2005 to 2008
On November 1, 2005, s. 152 was amended to read:
- Invitation to sexual touching
152. Every person who, for a sexual purpose, invites, counsels or incites a person under the age of fourteen 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 fourteen 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.
– CCC
Changes from 2005 are underlined.
1985 to 2005
From the revision of the Criminal Code until amendments on November 1, 2005, s. 152 stated:
- Invitation to sexual touching
152. Every person who, for a sexual purpose, invites, counsels or incites a person under the age of fourteen 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 fourteen 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.
R.S., 1985, c. C-46, s. 152; R.S., 1985, c. 19 (3rd Supp.), s. 1.– CCC