Criminal Code

Marginal note:Application for finding that an offender is a long-term offender

• 753.1 (1) The court may, on application made under this Part following the filing of an assessment report under subsection 752.1(2), find an offender to be a long-term offender if it is satisfied that

  • (a) it would be appropriate to impose a sentence of imprisonment of two years or more for the offence for which the offender has been convicted;

  • (b) there is a substantial risk that the offender will reoffend; and

  • (c) there is a reasonable possibility of eventual control of the risk in the community.

• Marginal note:Substantial risk

  (2) The court shall be satisfied that there is a substantial risk that the offender will reoffend if

  • (a) the offender has been convicted of an offence under section 151 (sexual interference), 152 (invitation to sexual touching) or 153 (sexual exploitation), subsection 163.1(2) (making child pornography), subsection 163.1(3) (distribution, etc., of child pornography), subsection 163.1(4) (possession of child pornography), subsection 163.1(4.1) (accessing child pornography), section 172.1 (luring a child), subsection 173(2) (exposure) or section 271 (sexual assault), 272 (sexual assault with a weapon) or 273 (aggravated sexual assault), or has engaged in serious conduct of a sexual nature in the commission of another offence of which the offender has been convicted; and

  • (b) the offender

    • (i) has shown a pattern of repetitive behaviour, of which the offence for which he or she has been convicted forms a part, that shows a likelihood of the offender’s causing death or injury to other persons or inflicting severe psychological damage on other persons, or

    • (ii) by conduct in any sexual matter including that involved in the commission of the offence for which the offender has been convicted, has shown a likelihood of causing injury, pain or other evil to other persons in the future through similar offences.

• Marginal note:If offender found to be long-term offender

  (3) Subject to subsections (3.1), (4) and (5), if the court finds an offender to be a long-term offender, it shall

  • (a) impose a sentence for the offence for which the offender has been convicted, which sentence must be a minimum punishment of imprisonment for a term of two years; and

  • (b) order the offender to be supervised in the community, for a period not exceeding ten years, in accordance with section 753.2 and the Corrections and Conditional Release Act.

• Marginal note:Exception — if application made after sentencing

  (3.1) The court may not impose a sentence under paragraph (3)(a) and the sentence that was imposed for the offence for which the offender was convicted stands despite the offender’s being found to be a long-term offender, if the application was one that

  • (a) was made after the offender begins to serve the sentence in a case to which paragraphs 753(2)(a) and (b) apply; and

  • (b) was treated as an application under this section further to the court deciding to do so under paragraph 753(5)(a).

• Marginal note:Exception — life sentence

  (4) The court shall not make an order under paragraph (3)(b) if the offender has been sentenced to life imprisonment.

• Marginal note:Exception to length of supervision where new declaration

  (5) If the offender commits another offence while required to be supervised by an order made under paragraph (3)(b), and is thereby found to be a long-term offender, the periods of supervision to which the offender is subject at any particular time must not total more than ten years.

• Marginal note:If offender not found to be long-term offender

  (6) If the court does not find an offender to be a long-term offender, the court shall impose sentence for the offence for which the offender has been convicted.