Canadian Criminal Law/Offences/Sexual Interference

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Sexual Interference
s. 151 of the Crim. Code
Election / Plea
Crown Election Hybrid
Jurisdiction Prov. Court
SC Judge + PI (I)
SC Jury + PI (I) (536(2))
Summary Dispositions
Avail. Disp. Discharge (730)

Suspended Sentence (731(1)(a))
Fine (734)
Fine + Probation (731(1)(b))
Jail (718.3, 787)
Jail + Probation (731(1)(b))
Jail + Fine (734)

Conditional Sentence (742.1)
Minimum 90 days jail
Maximum 18 months jail or $5,000 fine
Indictable Dispositions
Avail. Disp. Discharge (730)

Suspended Sentence (731(1)(a))
Fine (734)
Fine + Probation (731(1)(b))
Jail (718.3, 787)
Jail + Probation (731(1)(b))
Jail + Fine (734)

Conditional Sentence (742.1)
Minimum 1 year jail
Maximum 10 years jail
References
Offence Elements
Sentence Principles
Sentence Digests
Comments
DNA primary designated offence

SOIRA designated offence

DO/LTO primary designated offence

Legislation[edit]

Sexual interference
151. Every person who, for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of a 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. 151; R.S., 1985, c. 19 (3rd Supp.), s. 1; 2005, c. 32, s. 3; 2008, c. 6, s. 54; 2012, c. 1, s. 11.


CCC

Proof of Offence[edit]

The Crown should prove: [1]

  1. identity of accused
  2. date and time of incident
  3. jurisdiction (incl. region and province)
  4. that victim was under the age of sixteen at the time of the events alleged
  5. that the accused touched the victim,
  6. that that touching was for a sexual purpose
  7. the accused knew the victim was under 16 or the accused did not take reasonable steps to ascertain the age of the victim

Essential elements are in bold.

  1. R. v. Quinones, 2012 BCCA 94

Interpretation[edit]

"[A]n accused who intends sexual interaction of any kind with a child and with that intent makes contact with the body of a child “touches” the child and is guilty of an offence. The section addresses not the instigator of the sexual conduct but rather the adult who for his or her own sexual purposes makes contact, whether as a primary actor or not, with the body of a child." [1]

  1. R. v. Sears, (1990), 58 C.C.C. (3d) 62

Defences[edit]

Pre-Trial and Trial Motions[edit]

Witness motions[edit]

History[edit]

On August 9, 2012, the section was amended to increase the penalties from 45 days for indictable and 14 days for summary to one year and 90 days respectively.