History of Parent or Guardian Procuring 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. The minimum for victims between 16 and 18 years of age was increased from 6 months to 1 year. The maximum for all forms of the offence were increased from 10 years (victims under 16) and 5 years (victims between 16 and 18) to 14 years.
- 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.
– CCC
Changes from 2015 are underlined.
2012 to 2015
On August 9, 2012, s. 170 was amended to read as follows:
- Parent or guardian procuring sexual activity
170. Every parent or guardian of a person under the age of eighteen 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
- (a) to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year if the person procured is under the age of 16 years; or
- (b) to imprisonment for a term of not more than five years and to a minimum punishment of imprisonment for a term of six months if the person procured is 16 years of age or more but under the age of 18 years.
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.
– CCC
Changes from 2012 are underlined.
2008 to 2012
On February 28, 2008, s. 170 was amended to read:
- Parent or guardian procuring sexual activity
170. Every parent or guardian of a person under the age of eighteen 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
- (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 procured 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 procured is 16 years of age or more but under the age of eighteen years.
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.
– CCC
Changes from 2008 are underlined.
2005 to 2008
On November 1, 2005, s. 170 was amended to read:
- Parent or guardian procuring sexual activity
170. Every parent or guardian of a person under the age of eighteen 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
- (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 procured 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 procured is fourteen years of age or more but under the age of eighteen years.
R.S., 1985, c. C-46, s. 170; R.S., 1985, c. 19 (3rd Supp.), s. 5; 2005, c. 32, s. 9.1.
– CCC
Changes from 2005 are underlined.
1985 to 2005
- Parent or guardian procuring sexual activity
170. Every parent or guardian of a person under the age of eighteen years who procures that 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 not exceeding five years, if the person procured for that purpose is under the age of fourteen years, or to imprisonment for a term not exceeding two years if the person so procured is fourteen years of age or more but under the age of eighteen years.
R.S., 1985, c. C-46, s. 170; R.S., 1985, c. 19 (3rd Supp.), s. 5.– CCC
Criminal Code, 1970
Criminal Code, R.S.C. 1970, c. C-34, s. 166.
- Parent or guardian procuring defilement
166. Every one who, being the parent or guardian of a female person,
- (a) procures her to have illicit sexual intercourse with a person other than the procurer, or
- (b) orders, is party to, permits or knowingly receives the avails of, the defilement, seduction or prostitution of the female person,
is guilty of an indictable offence and is liable to
- (c) imprisonment for fourteen years, if the female person is under the age of fourteen years, or
- (d) imprisonment for five years, if the female person is fourteen years of age or more. 1953-54, c. 51, s. 155.
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Criminal Code, 1953-54
Criminal Code, S.C. 1953-54, c. 51, s. 155.
- Parent or guardian procuring defilement
155. Every one who, being the parent or guardian of a female person,
- (a) procures her to have illicit sexual intercourse with a person other than the procurer, or
- (b) orders, is party to, permits or knowingly receives the avails of, the defilement, seduction or prostitution of the female person,
is guilty of an indictable offence and is liable to
- (c) imprisonment for fourteen years, if the female person is under the age of fourteen years, or
- (d) imprisonment for five years, if the female person is fourteen years of age or more.
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1935
An Act to amend the Criminal Code, S.C. 1935, c. 36, ss. 1-2.
- Parent or guardian procuring or party to defilement of girl or woman
215. Every one who, being the parent or guardian of any girl or woman,
- (a) procures such girl or woman to have carnal connection with any man other than the procurer; or
- (b) orders, is party to, permits or knowingly receives the avails of, the defilement, seduction or prostitution of such girl or woman;
- Penalty
is guilty of an indictable offence, and liable to fourteen years' imprisonment, if such girl or woman is under the age of fourteen years, and if such girl or woman is of or above the age of fourteen years, to five years' imprisonment.
- Corrupting children
2. Every person who, in the home of a child, participates in adultery, or in sexual immorality, or indulges in habitual drunkenness or any other form of vice, thereby endangering the morals of such child or rendering the home of such child an unfit place for such child to be in shall be guilty of an offence and liable, upon summary conviction, to a fine not exceeding five hundred dollars, or to imprisonment for a period not exceeding one year, or to both fine and imprisonment.
- Irrebuttable presumption
3. It shall be an irrebuttable presumption in any prosecution under subsection two of this section, that the child was in danger of being or becoming immoral, its morals injuriously affected and its home rendered an unfit place for it to be in, upon proof that the person accused did in fact, in the home of such child, participate in adultery, in sexual immorality, in habitual drunkenness, or in any other form of vice: Provided that this subsection shall not apply in the case of two persons who are not married to each other but are living together as man and wife and reputed to be man and wife, and where the child so affected is the child of the two persons so living together.
- Not a valid defence that child too young to understand
4. It shall not be a valid defence to a prosecution under subsection two of this section that the child is of too tender years to understand or appreciate the nature of the conditions prevailing in the home or the nature of the act complained of or to be immediately affected thereby.
- Definition of "child."
5. For the purposes of this section "child" shall mean a boy or girl apparently or actually under the age of sixteen years.
- At whose instance prosecution to be instituted. Limitation.
6. No prosecution shall be instituted under subsection two of this section unless it be at the instance of some recognized society for the protection of children or an officer of a juvenile court, without the authorization of the Attorney General of the province in which the offence is alleged to have been committed, nor shall any such prosecution be commenced after the expiration of six months from the time of the commission of the alleged offence.
7. No prosecution for an offence under this section shall be commenced after the expiration of one year from the time of its commission.
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Criminal Code, 1932-33
An Act to amend the Criminal Code, S.C. 1932-33, c. 53, s. 3.
- Parent or guardian procuring or party to defilement of girl or woman
215. Every one who, being the parent or guardian of any girl or woman,
- (a) procures such girl or woman to have carnal connection with any man other than the procurer; or
- (b) orders, is party to, permits or knowingly receives the avails of, the defilement, seduction or prostitution of such girl or woman;
- Penalty
is guilty of an indictable offence, and liable to fourteen years' imprisonment, if such girl or woman is under the age of fourteen years, and if such girl or woman is of or above the age of fourteen years, to five years' imprisonment.
- Corrupting children
2. Every person who, in the home of a child, participates in adultery, or in sexual immorality, or indulges in habitual drunkenness or any other form of vice, thereby endangering the morals of such child or rendering the home of such child an unfit place for such child to be in shall be guilty of an offence and liable, upon summary conviction, to a fine not exceeding five hundred dollars, or to imprisonment for a period not exceeding one year, or to both fine and imprisonment.
- Irrebuttable presumption
3. In any prosecution under subsection two of this section, where the circumstances are such as, in the opinion of the Court, to render it likely that the child might be in danger of being or becoming immoral, its morals injuriously affected or its home rendered an unfit place for it to be in, it shall, upon proof that the person accused did, in the home of such child, participate in adultery, in sexual immorality, in habitual drunkenness, or in any other form of vice, be an irrebuttable presumption that the child was in fact in danger of being or becoming immoral and its morals injuriously affected and that its home had in fact been rendered an unfit place for it to be in.
- Not a valid defence that child too young to understand
4. It shall not be a valid defence to a prosecution under subsection two of this section that the child is of too tender years to understand or appreciate the nature of the conditions prevailing in the home or the nature of the act complained of or to be immediately affected thereby.
- Definition of "child."
5. For the purposes of this section "child" shall mean a boy or girl apparently or actually under the age of sixteen years.
- At whose instance prosecution to be instituted. Limitation.
6. No prosecution shall be instituted under subsection two of this section unless it be at the instance of some recognized society for the protection of children or an officer of a juvenile court, without the authorization of the Attorney General of the province in which the offence is alleged to have been committed, nor shall any such prosecution be commenced after the expiration of six months from the time of the commission of the alleged offence.
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Criminal Code, 1927
Criminal Code, R.S.C. 1927, c. 36, s. 215.
- Parent or guardian procuring or party to defilement of woman or girl
215. Every one who, being the parent or guardian of any girl or woman,
- (a) procures such girl or woman to have carnal connection with any man other than the procurer; or
- (b) orders, is party to, permits or knowingly receives the avails of, the defilement, seduction or prostitution of such girl or woman;
- Penalty
is guilty of an indictable offence, and liable to fourteen years’ imprisonment, if such girl or woman is under the age of fourteen years, and if such girl or woman is of or above the age of fourteen years, to five years’ imprisonment.
- Corrupting children
2. Any person who, in the home of a child, by indulgence in sexual immorality, in habitual drunkenness or in any other form of vice, causes such child to be in danger of being or becoming immoral, dissolute or criminal, or the morals of such child to be injuriously affected, or renders the home of such child an unfit place for such child to be in, shall be liable, on summary conviction, to a fine not exceeding five hundred dollars or to imprisonment for a period not exceeding one year or to both fine and imprisonment.
- Definition of “child.”
3. For the purposes of this section, “child” means a boy or girl apparently or actually under the age of sixteen years.
4. It shall not be a valid defence to a prosecution under this section that the child is of too tender years to understand or appreciate the nature of the act complained of or to be immediately affected thereby.
5. No prosecution shall be instituted under subsections two, three or four of this section unless it be at the instance of some recognized society for the protection of children or an officer of a juvenile court, without the authorization of the Attorney General of the province in which the offence is alleged to have been committed, nor shall any such prosecution be commenced after the expiration of six months from the time of the commission of the alleged offence.
R.S., c. 146, s. 215; 1918 c. 16, s. 1.
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Criminal Code, 1906
Criminal Code, R.S.C. 1906, c. 146, s. 215.
- Parent or guardian procuring or party to defilement of girl or woman
215. Every one who, being the parent or guardian of any girl or woman,—
- (a) procures such girl or woman to have carnal connection with any man other than the procurer; or
- (b) orders, is party to, permits or knowingly receives the avails of, the defilement, seduction or prostitution of such girl or woman;
- Penalty
is guilty of an indictable offence, and liable to fourteen years’ imprisonment, if such girl or woman is under the age of fourteen years, and if such girl or woman is of or above the age of fourteen years, to five years’ imprisonment. 55-56 V., c. 29, s. 186.
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Criminal Code, 1892
The Criminal Code, 1892, S.C. 1892, c. 29, s. 186.
- Parent or guardian procuring defilement of girl
186. Every one who, being the parent or guardian of any girl or woman,—
- (a) procures such girl or woman to have carnal connection with any man other than the procurer; or
- (b) orders, is party to, permits or knowingly receives the avails of the defilement, seduction or prostitution of such girl or woman,
is guilty of an indictable offence, and liable to fourteen years’ imprisonment if such girl or woman is under the age of fourteen years, and if such girl or woman is of or above the age of fourteen years to five years’ imprisonment.
53 V., c.37, s.9.
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