Sexual Offences Against Children Laws in Canada

There are numerous charges in the Criminal Code that involve children. Here are the most common.

Sexual Interference

Section 151 of the Code makes it an offence to touch, directly or indirectly, any part of the body of a person under the age of 16. If treated as an indictable offenceIndictable offences are more-serious criminal offences the maximum penalty is 14 years in prison, with the minimum punishment one year in jail. If treated as a summary convictionUsed for lesser offences the maximum imprisonment is two years less a day, with a minimum of 90 days of detention.

Invitation to Sexual Touching

Section 152 of the Code makes it an offence to invite or ask a person under the age of 16 to touch, directly or indirectly, a part of your body. If treated as an indictable offence the maximum penalty is 14 years in prison, with the minimum punishment one year in jail.

Sexual Exploitation

Section 153 (1) of the Code makes it an offence for a person in a position of trust or authority of a young person12 years old or older, but less than 18 to touch them, directly or indirectly, or to invite them to touch someone else. Section 153 (1.2) states that a judge may infer that a person is in an exploitative relationship with a young person depending on the age of the young person, the age difference between two, the evolution of the relationship or the degree of control or influence by the older person over the young person. If treated as an indictable offence the maximum penalty is 14 years and a minimum of one year in jail. If treated as a summary conviction the maximum penalty is imprisonment for two years less a day and to a minimum punishment is 90 days in jail.

Trafficking of a Person Under the Age of 18

Section 279.011 (1) makes it a crime to recruit, transport, conceal or harbour a person under 18, or to exercise control over their movements for the purpose of exploiting them or facilitating their exploitation. This charge is always treated as an indictable offence. There is a maximum penalty life in prison if the offence included kidnapping, aggravated assault, aggravated sexual assault, or if the victim died during the offence, with a minimum penalty of six years in prison for the same factors. In all other cases, there is a maximum penalty of 14 years and a minimum of five years. The Code notes that consentVoluntary agreement to engage in an sexual act by the victim cannot be given with this crime.

Benefitting From the Trafficking of a Youth

Section 279.02 (1) makes it a crime to benefit financially or in any other way from the traffickingInfluencing the movements of a person in order to exploit them of someone under 18, either directly or indirectly. This charge is treated as an indictable offence with a maximum penalty of 14 years in prison and a minimum penalty of two years in prison.

Withholding or Destroying a Youth's Documents

Section 279.03 (2) makes it a crime to conceal, withhold or destroy any travel document belonging to a person under 18 who is being trafficked. The Code states it does not matter if the document is of Canadian origin. This charge is an indictable offence that carries a maximum punishment of 10 years in prison and a minimum punishment of imprisonment of one year in jail.

Obtaining Sexual Services From a Person Under 18 Years

Section 286.1 (2) of the Code makes it a crime to obtain sexual services from someone under 18 years of age, or even to communicate with them about obtaining these services. This charge is an indictable offence that carries a maximum punishment of 10 years in prison to a minimum punishment of six months for the first offence, with one year added onto the minimum for subsequent offences.

Material Benefit from Sexual Services

Section 286.2 (2) of the Code makes it an offence to materially or financially benefit from the sexual services of someone under the age of 18. If the charge is treated as an indictable offence you could face a maximum of 10 years in prison, or a lesser penalty if the charge is treated as a summary conviction. The Code adds that if you live with or are "habitually in the company" of the underage person providing sexual services, that will be considered as receiving financial or other material benefit from those services.

Procuring

Section 286.3 (2) of the Code makes it an offence to procure a person to offer or provide sexual services for consideration, to recruit, conceal or harbour a youth who offers sexual services for money, or to exercise control or influence over that person. This charge is an indictable offence with a maximum punishment of 14 years and a minimum punishment of five years imprisonment.