Tougher Penalties for Child Predators Act (S.C. 2015, c. 23)

Assented to 2015-06-18

Tougher Penalties for Child Predators Act

S.C. 2015, c. 23

Assented to 2015-06-18

An Act to amend the Criminal Code, the Canada Evidence Act and the Sex Offender Information Registration Act, to enact the High Risk Child Sex Offender Database Act and to make consequential amendments to other Acts

SUMMARY

This enactment amends the Criminal Code to

  • (a) increase mandatory minimum penalties and maximum penalties for certain sexual offences against children;

  • (b) increase maximum penalties for violations of prohibition orders, probation orders and peace bonds;

  • (c) clarify and codify the rules regarding the imposition of consecutive and concurrent sentences;

  • (d) require courts to impose, in certain cases, consecutive sentences on offenders who commit sexual offences against children; and

  • (e) ensure that a court that imposes a sentence must take into consideration evidence that the offence in question was committed while the offender was subject to a conditional sentence order or released on parole, statutory release or unescorted temporary absence.

It amends the Canada Evidence Act to ensure that spouses of the accused are competent and compellable witnesses for the prosecution in child pornography cases.

It also amends the Sex Offender Information Registration Act to increase the reporting obligations of sex offenders who travel outside Canada.

It enacts the High Risk Child Sex Offender Database Act to establish a publicly accessible database that contains information — that a police service or other public authority has previously made accessible to the public — with respect to persons who are found guilty of sexual offences against children and who pose a high risk of committing crimes of a sexual nature.

Finally, it makes consequential amendments to other Acts.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Marginal note:Short title

 This Act may be cited as the Tougher Penalties for Child Predators Act.

R.S., c. C-46CRIMINAL CODE

Marginal note:2012, c. 1, s. 11

 Paragraphs 151(a) and (b) of the Criminal Code are replaced by the following:

  • (a) is guilty of an indictable offence and is 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; or

  • (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of 90 days.

Marginal note:2012, c. 1, s. 12

 Paragraphs 152(a) and (b) of the Act are replaced by the following:

  • (a) is guilty of an indictable offence and is 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; or

  • (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of 90 days.

Marginal note:2012, c. 1, s. 13

 Paragraphs 153(1.1)(a) and (b) of the Act are replaced by the following:

  • (a) is guilty of an indictable offence and is 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; or

  • (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of 90 days.

Marginal note:2012, c. 1, s. 15

 Paragraph 160(3)(a) of the Act is replaced by the following:

  • (a) is guilty of an indictable offence and is 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; or

Marginal note:1993, c. 45, s. 1

 Paragraphs 161(4)(a) and (b) of the Act are replaced by the following:

  • (a) an indictable offence and is liable to imprisonment for a term of not more than four years; or

  • (b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months.

Marginal note:1993, c. 46, s. 2; 2005, c. 32, s. 7(2) and (3); 2012, c. 1, s. 17(1) and (2)
  •  (1) Subsections 163.1(2) and (3) of the Act are replaced by the following:

    • Marginal note:Making child pornography

      (2) Every person who makes, prints, publishes or possesses for the purpose of publication any child pornography 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.

    • Marginal note:Distribution, etc. of child pornography

      (3) Every person who transmits, makes available, distributes, sells, advertises, imports, exports or possesses for the purpose of transmission, making available, distribution, sale, advertising or exportation any child pornography 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.

  • Marginal note:2012, c. 1, s. 17(3)

    (2) Paragraphs 163.1(4)(a) and (b) of the Act are replaced by the following:

    • (a) 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) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.

  • Marginal note:2012, c. 1, s. 17(4)

    (3) Paragraphs 163.1(4.1)(a) and (b) of the Act are replaced by the following:

    • (a) 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) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.

Marginal note:2005, c. 32, s. 9.1; 2012, c. 1, s. 19

 Section 170 of the Act is replaced by the following:

Marginal note: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.

Marginal note:2005, c. 32, s. 9.1; 2008, c. 6, par. 54(g); 2012, c. 1, s. 20

 Section 171 of the Act is replaced by the following:

Marginal note:Householder permitting prohibited sexual activity

171. Every owner, occupier or manager of premises, or any other person who has control of premises or assists in the management or control of premises, who knowingly permits a person under the age of 18 years to resort to or to be in or on the premises for the purpose of engaging in any sexual activity prohibited by this Act 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.

Marginal note:2012, c. 1, s. 21

 Paragraphs 171.1(2)(a) and (b) of the Act are replaced by the following:

  • (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of six months; or

  • (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of 90 days.

Marginal note:2012, c. 1, s. 22(2)

 Paragraphs 172.1(2)(a) and (b) of the Act are replaced by the following:

  • (a) is guilty of an indictable offence and is 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; or

  • (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.

Marginal note:2012, c. 1, s. 23

 Paragraphs 172.2(2)(a) and (b) of the Act are replaced by the following:

  • (a) is guilty of an indictable offence and is 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; or

  • (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.

Marginal note:2005, c. 32, s. 10.1(2)

 Subsection 212(4) of the Act is replaced by the following:

  • Marginal note:Offence — prostitution of person under 18

    (4) Every person who, in any place, obtains for consideration, or communicates with anyone for the purpose of obtaining for consideration, the sexual services of a person who is under the age of 18 years is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of

    • (a) in the case of a first offence, six months; and

    • (b) in the case of a second or subsequent offence, one year.

  • Marginal note:Sequence of convictions only

    (5) For the purposes of subsection (4), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

Marginal note:2012, c. 1, s. 25

 Paragraphs 271(a) and (b) of the Act are replaced by the following:

  • (a) an indictable offence and is liable to imprisonment for a term of not more than 10 years or, if the complainant is under the age of 16 years, to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or

  • (b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months or, if the complainant is under the age of 16 years, to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.

Marginal note:2012, c. 1, s. 26

 Paragraph 272(2)(a.2) of the Act is replaced by the following:

  • (a.2) if the complainant is under the age of 16 years, to imprisonment for life and to a minimum punishment of imprisonment for a term of five years; and

 Paragraph 718.2(a) of the Act is amended by striking out “or” at the end of subparagraph (iv), by adding “or” at the end of subparagraph (v) and by adding the following after subparagraph (v):

  • (vi) evidence that the offence was committed while the offender was subject to a conditional sentence order made under section 742.1 or released on parole, statutory release or unescorted temporary absence under the Corrections and Conditional Release Act

 
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