History of Householder Permitting Sexual Activity (Offence)

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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 minimum and maximum penalties. For offences against victims under the age of 16, the minimum increased from 6 months to 1 year and the maximum increased from 5 years to 14 years. For offences against victims between 16 and 18 years of age, the minimum 90 days increased to 1 year and maximum of 2 years increased to 14 years.

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.

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Changes from 2015 underlined.

2012 to 2015

On August 9, 2012, part of the Safe Streets and Communities Act 2012, c. 1 (Bill C-10) came into force modifying s. 171 to read:

Householder permitting 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 eighteen 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

(a) to imprisonment for a term not exceeding five years and to a minimum punishment of imprisonment for a term of six months if the person in question is under the age of 16 years; or

(b) to imprisonment for a term not exceeding two years and to a minimum punishment of imprisonment for a term of 90 days if the person is 16 years of age or more but under the age of 18 years.

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.

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Changes from 2012 are underlined.

2008 to 2012

On July 2, 2008, parts of Tackling Violent Crime Act, 2008, c. 6 (C-2) came into force, modifying s. 171 to read as follows:

Householder permitting 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 eighteen 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

(a) to imprisonment for a term not exceeding five years and to a minimum punishment of imprisonment for a term of six months if the person in question is under the age of 16 years; or

(b) to imprisonment for a term not exceeding two years and to a minimum punishment of imprisonment for a term of forty-five days if the person is 16 years of age or more but under the age of eighteen years.

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.

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Changes from 2008 underlined.

2005 to 2008

On November 1, 2005, part of An Act to amend the Criminal Code (protection of children and other vulnerable persons) and the Canada Evidence Act, 2005, c. 32 (Bill C-2) came into force, amending s. 171 to read:

Householder permitting 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 eighteen 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

(a) to imprisonment for a term not exceeding five years and to a minimum punishment of imprisonment for a term of six months if the person in question is under the age of fourteen years; or

(b) to imprisonment for a term not exceeding two years and to a minimum punishment of imprisonment for a term of forty-five days if the person is fourteen years of age or more but under the age of eighteen years.

R.S., 1985, c. C-46, s. 171; R.S., 1985, c. 19 (3rd Supp.), s. 5; 2005, c. 32, s. 9.1.

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Changes from 2005 underlined.

1985 to 2005

Householder permitting sexual activity

171. Every owner, occupier or manager of premises or 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 eighteen 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 not exceeding five years, if the person in question is under the age of fourteen years, or to imprisonment for a term not exceeding two years if the person in question is fourteen years of age or more but under the age of eighteen years.
R.S., 1985, c. C-46, s. 171; R.S., 1985, c. 19 (3rd Supp.), s. 5.

– CCC

1985

Criminal Code, R.S.C. 1985, c. C-46

Section 167 was renumbered as s. 171. The word “is” was removed. The phrase “a term not exceeding” was added.

1970

Criminal Code, R.S.C. 1970, c. C-34

Section 156 was renumbered as 167 unchanged.

1953

Criminal Code, 1953-54, c. 51

Section 217 was renumbered as s. 156.

Householder permitting defilement

156. Every one who

(a) being the owner, occupier or manager of premises, or

(b) having control of premises or assisting in the management or control of premises,

knowingly permits a female person under the age of eighteen years to resort to or to be in or upon the premises for the purpose of having illicit sexual intercourse with a particular male person or with male persons generally is guilty of an indictable offence and is liable to imprisonment for five years.

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1927

Criminal Code, R.S.C. 1927, c. 36

Section 217 was renumbered as s. 217.

1906

Criminal Code, R.S.C. 1906, c. 146

Section 187 was renumbered as s. 217:

Householder permitting defilement

217. Every one who, being the owner or occupier of any premises, or having, or acting or assisting in, the management or control thereof, induces or knowingly suffers any girl under the age of eighteen years to resort to or be in or upon such premises for the purpose of being unlawfully and carnally known by any man, whether such carnal knowledge is intended to be with a particular man, or generally, is guilty of an indictable offence, and is liable,—

Penalty—Age

(a) to ten years' imprisonment if such girl is under the age of fourteen years;

Penalty—Age

(b) to two years' imprisonment if such girl is of or above the age of fourteen years.

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1900

Criminal Code Amendment Act, S.C. 1900, c. 46

Section 187 was replaced with:

187. Every one who, being the owner or occupier of any premises, or having, or acting or assisting in the management or control thereof, induces or knowingly suffers any girl of such age as in this section mentioned to resort to or be in or upon such premises for the purpose of being unlawfully and carnally known by any man, whether such carnal knowledge is intended to be with any particular man, or generally, is guilty of an indictable offence and—

(a) is liable to ten years' imprisonment if such girl is under the age of 14 years; and

(b) is liable to two years' imprisonment if such girl is of or above the age of 14 and under the age of 18 years.

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1892

Criminal Code, 1892, c. 29

Householders permitting defilement of girls on their premises

187. Everyone who, being the owner and occupier of any premises, or having, or acting or assisting in, the management or control thereof, induces or knowingly suffers any girl of such age as in this section mentioned to resort to or be in or upon such premises for the purpose of being unlawfully and carnally known by any man, whether such carnal knowledge is intended to be with any particular man, or generally, is guilty of an indictable offence and—

(a) is liable to ten years' imprisonment if such girl is under the age of fourteen years; and

(b) is liable to two years' imprisonment if such girl is of or above the age of fourteen and under the age of sixteen years.

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1985

Criminal Code, R.S.C. 1985, c. C-46

Section 167 was renumbered as s. 171. The word “is” was removed. The phrase “a term not exceeding” was added.

1970

Criminal Code, R.S.C. 1970, c. C-34

Section 156 was renumbered as 167 unchanged.

1953

Criminal Code, 1953-54, c. 51

Section 217 was renumbered as s. 156.

Householder permitting defilement

156. Every one who

(a) being the owner, occupier or manager of premises, or

(b) having control of premises or assisting in the management or control of premises,

knowingly permits a female person under the age of eighteen years to resort to or to be in or upon the premises for the purpose of having illicit sexual intercourse with a particular male person or with male persons generally is guilty of an indictable offence and is liable to imprisonment for five years.

–

1927

Criminal Code, R.S.C. 1927, c. 36

Section 217 was renumbered as s. 217.

1906

Criminal Code, R.S.C. 1906, c. 146

Section 187 was renumbered as s. 217:

Householder permitting defilement

217. Every one who, being the owner or occupier of any premises, or having, or acting or assisting in, the management or control thereof, induces or knowingly suffers any girl under the age of eighteen years to resort to or be in or upon such premises for the purpose of being unlawfully and carnally known by any man, whether such carnal knowledge is intended to be with a particular man, or generally, is guilty of an indictable offence, and is liable,—

Penalty—Age

(a) to ten years' imprisonment if such girl is under the age of fourteen years;

Penalty—Age

(b) to two years' imprisonment if such girl is of or above the age of fourteen years.

–

1900

Criminal Code Amendment Act, S.C. 1900, c. 46

Section 187 was replaced with:

187. Every one who, being the owner or occupier of any premises, or having, or acting or assisting in the management or control thereof, induces or knowingly suffers any girl of such age as in this section mentioned to resort to or be in or upon such premises for the purpose of being unlawfully and carnally known by any man, whether such carnal knowledge is intended to be with any particular man, or generally, is guilty of an indictable offence and—

(a) is liable to ten years' imprisonment if such girl is under the age of 14 years; and

(b) is liable to two years' imprisonment if such girl is of or above the age of 14 and under the age of 18 years.

–

1892

Criminal Code, 1892, c. 29

Householders permitting defilement of girls on their premises

187. Everyone who, being the owner and occupier of any premises, or having, or acting or assisting in, the management or control thereof, induces or knowingly suffers any girl of such age as in this section mentioned to resort to or be in or upon such premises for the purpose of being unlawfully and carnally known by any man, whether such carnal knowledge is intended to be with any particular man, or generally, is guilty of an indictable offence and—

(a) is liable to ten years' imprisonment if such girl is under the age of fourteen years; and

(b) is liable to two years' imprisonment if such girl is of or above the age of fourteen and under the age of sixteen years.

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