Canadian Criminal Sentencing/Offences/Voyeurism

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Voyeurism
s. 162 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)
Maximum 6 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)
Maximum 5 years jail
References
Offence Elements
Sentence Principles
Sentence Digests

Legislation[edit]

Voyeurism
162. (1) Every one commits an offence who, surreptitiously, observes — including by mechanical or electronic means — or makes a visual recording of a person who is in circumstances that give rise to a reasonable expectation of privacy, if

(a) the person is in a place in which a person can reasonably be expected to be nude, to expose his or her genital organs or anal region or her breasts, or to be engaged in explicit sexual activity;
(b) the person is nude, is exposing his or her genital organs or anal region or her breasts, or is engaged in explicit sexual activity, and the observation or recording is done for the purpose of observing or recording a person in such a state or engaged in such an activity; or
(c) the observation or recording is done for a sexual purpose.

...

Printing, publication, etc., of voyeuristic recordings
(4) Every one commits an offence who, knowing that a recording was obtained by the commission of an offence under subsection (1), prints, copies, publishes, distributes, circulates, sells, advertises or makes available the recording, or has the recording in his or her possession for the purpose of printing, copying, publishing, distributing, circulating, selling or advertising it or making it available.

Punishment
(5) Every one who commits an offence under subsection (1) or (4)

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.

...

R.S., 1985, c. C-46, s. 162; R.S., 1985, c. 19 (3rd Supp.), s. 4; 2005, c. 32, s. 6.

[1]

Application[edit]

Principles[edit]

Factors[edit]

Ancillary Orders[edit]

Ranges[edit]

  • R. v. Desilva 2011 ONCJ 133 -- 7 months + 3 yrs probation -- offender made videos of sexual activity between him and partner without consent. Offender posted videos on facebook, and sent links of video to friends. convicted at trial of voyeurism and criminal harassment. Prior record with violence.* R. v. F.G., 2011 308 Nfld & P.E.I.R. 59 -- 3 month CSO + 3 yr probation -- secretly installed a video camera in 17 year old daughter’s bedroom, huge violation of privacy, recorded full frontal nudity, breach of trust, no record
  • R. v. J.H.N., 2010 BCPC 155 -- S/S -- attended residence of two teenage girls repeatedly and watched them undress multiple times. No record, positive psych report
  • R. v. S.M. 2010 ONCJ 347 || S/S + 18 mo || accused secretly videotaped consensual explicit sexual activity at a hotel room of ex-girlfriend. Offender was mature, well‑educated and successful. no prior criminal record. Offence required planning.
  • R. v. Laskaris 2008 BCPC 130 -- discharge -- invasion of privacy, offender was dentist who places cameras in women’s washroom to monitor for theft from office, was in position of trust, no record.
  • R. v. Grice 2008 ONCJ 476 -- S/S -- offender video taped estranged wife in bathroom. guilty plea, no prior record.
  • R. v. Weinheimer 2007 ABPC 349 -- S/S -- offender secretly photographed 15 men in washroom at his work. Images were stored on computer with details on personal information. No evidence of distirbution, positive psych report.

See Also[edit]