List of Primary Designated DNA Offences: Difference between revisions

From Criminal Law Notebook
Created page with "{{LevelZero}}{{HeaderDNA}} ==List== {{seealso|DNA Orders}} Under s. [http://canlii.ca/t/7vf2#sec487.04 487.04], a "primary designated offence" is defined as: {| cellpadding="2..."
 
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|SECTION (a)
|SECTION (a)
'''primary designated offence''' means<br>
(a) an offence under any of the following provisions, namely,
* (i) "offence in relation to sexual offences against children" committed outside Canada (s.7(4.1))<br> [s. 7(4.1) lists offences under 151, 152, 153, 155, 159, 160(2), 160(3), 163.1, 170, 171, 171.1, 172.1, 172.2, 173, and 212(4)]  
* (i) "offence in relation to sexual offences against children" committed outside Canada (s.7(4.1))<br> [s. 7(4.1) lists offences under 151, 152, 153, 155, 159, 160(2), 160(3), 163.1, 170, 171, 171.1, 172.1, 172.2, 173, and 212(4)]  
* (i.1) [[Sexual Interference (Offence)|sexual interference]] (151),
* (i.1) [[Sexual Interference (Offence)|sexual interference]] (151),

Revision as of 11:52, 1 February 2019

List

See also: DNA Orders

Under s. 487.04, a "primary designated offence" is defined as:

SECTION (a)

primary designated offence means
(a) an offence under any of the following provisions, namely,

SECTION (a.1) SECTION (b)

Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 4, 1983:

  • rape, attempt to commit rape,
  • sexual intercourse with female under fourteen and between fourteen and sixteen,

sexual intercourse with feeble-minded, etc.,

  • indecent assault on female, indecent assault on male,
  • acts of gross indecency, and
  • assault with intent if the intent is to commit an offence referred to in subparagraphs (i) to (vi)


SECTION (c)
Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 1, 1988:

  • sexual intercourse with a female under age of 14,
  • sexual intercourse with a female between ages of 14 and 16,
  • sexual intercourse with step-daughter,
  • gross indecency, parent or guardian procuring defilement, and
  • householder permitting defilement


SECTION (c.01)
Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970,
as [amended by] chapter 125 of the Statutes of Canada, 1980-81-82-83:


SECTION (c.02)

SECTION (c.03)
(c.03) an offence under any of paragraphs 212(1)(a) to (h) (procuring) of this Act, as they read from time to time before the day on which this paragraph comes into force,
SECTION (c.1) Security of Information Act:

  • approaching, entering, etc., a prohibited place,
  • threats or violence,
  • harbouring or concealing


SECTION (d) - Attempts and Conspiracies
(d) an attempt to commit or, other than for the purposes of subsection 487.05(1), a conspiracy to commit an offence referred to in any of paragraphs (a) to (c.03);

Each section represents a category:

  • (a) mandatory
  • (a.1) presumptive
  • (b) historical presumptive, pre january 4, 1983
  • (c) historical presumptive, pre january 1, 1988
  • (c.01) historical presumptive, 1970 to 1983
  • (c.02) historical mandatory, pre-december 6, 2014
  • (c.03) historical presumptive, pre-december 6, 2014