Criminal Code (R.S.C., 1985, c. C-46)

Marginal note: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 or nearly nude, to expose their sexual organs or to be engaged in explicit sexual activity;

  • (b) the person is nude, is nearly nude, is exposing their sexual organs, 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.

• Definition of visual recording

  (2) In this section, visual recording includes a photographic, film or video recording made by any means.

• Marginal note:Exemption

  (3) Paragraphs (1)(a) and (b) do not apply to a peace officer who, under the authority of a warrant issued under section 487.01, is carrying out any activity referred to in those paragraphs.

• Marginal note: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.

• Marginal note: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 of not more than 10 years; or

  • (b) is guilty of an offence punishable on summary conviction.

• Marginal note:Defence

  (6) No person shall be convicted of an offence under this section if the acts that are alleged to constitute the offence serve the public good and do not extend beyond what serves the public good.

• Marginal note:Question of law, motives

  (7) For the purposes of subsection (6),

  • (a) it is a question of law whether an act serves the public good and whether there is evidence that the act alleged goes beyond what serves the public good, but it is a question of fact whether the act does or does not extend beyond what serves the public good; and

  • (b) the motives of an accused are irrelevant.

Marginal note:Publication, etc., of an intimate image without consent

• 162.1 (1) Everyone who knowingly publishes, distributes, transmits, sells, makes available or advertises an intimate image of a person knowing that the person depicted in the image did not give their consent to that conduct, or being reckless as to whether or not that person gave their consent to that conduct, is guilty

  • (a) of an indictable offence and liable to imprisonment

    • (i) for a term of not more than 10 years, or

    • (ii) for a term of not more than 14 years if the accused knew or ought to have known that, at the time the intimate image was made, aggravated sexual assault was being, or had just been, committed against the person depicted in the image; or

  • (b) of an offence punishable on summary conviction.

• Marginal note:Threat to publish, etc.

  (1.1) Everyone who, with the intent to intimidate or to be taken seriously, knowingly threatens to publish, distribute, transmit, sell, make available or advertise an intimate image of a person knowing that the person depicted in the image would not give their consent to that conduct, or being reckless as to whether or not that person would give their consent to that conduct, is

  • (a) guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or

  • (b) guilty of an offence punishable on summary conviction.

• Marginal note:Definition of intimate image

  (2) In this section, intimate image means

  • (a) a visual recording of a person made by any means including a photographic, film or video recording,

    • (i) in which the person is nude, is nearly nude, is exposing their sexual organs or is engaged in explicit sexual activity,

    • (ii) in respect of which, at the time of the recording, there were circumstances that gave rise to a reasonable expectation of privacy, and

    • (iii) in respect of which the person depicted retains a reasonable expectation of privacy at the time the offence is committed; or

  • (b) a visual representation that is made by any electronic or mechanical means, including by means of artificial intelligence software, and that shows an identifiable person who is depicted as nude, as nearly nude, as exposing their sexual organs or as engaged in explicit sexual activity, if the depiction is likely to be mistaken for a visual recording of that person.

• Marginal note:Defence

  (3) No person shall be convicted of an offence under this section if the conduct that forms the subject-matter of the charge serves the public good and does not extend beyond what serves the public good.

• Marginal note:Question of fact and law, motives

  (4) For the purposes of subsection (3),

  • (a) it is a question of law whether the conduct serves the public good and whether there is evidence that the conduct alleged goes beyond what serves the public good, but it is a question of fact whether the conduct does or does not extend beyond what serves the public good; and

  • (b) the motives of an accused are irrelevant.

Marginal note:Prohibition order

• 162.2 (1) When an offender is convicted, or is discharged on the conditions prescribed in a probation order under section 730, of an offence under subsection 160(3.1) or section 162.1, the court that sentences or discharges the offender, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, may make, subject to the conditions or exemptions that the court directs, an order prohibiting the offender from using the Internet or other digital network, unless the offender does so in accordance with conditions set by the court.

• Marginal note:Duration of prohibition

  (2) The prohibition may be for any period that the court considers appropriate, including any period to which the offender is sentenced to imprisonment.

• Marginal note:Court may vary order

  (3) A court that makes an order of prohibition or, if the court is for any reason unable to act, another court of equivalent jurisdiction in the same province may, on application of the offender or the prosecutor, require the offender to appear before it at any time and, after hearing the parties, that court may vary the conditions prescribed in the order if, in the opinion of the court, the variation is desirable because of changed circumstances after the conditions were prescribed.

• Marginal note:Offence

  (4) Every person who is bound by an order of prohibition and who does not comply with the order is guilty of

  • (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.

Offences Tending to Corrupt Morals

Marginal note:Obscene materials

• 163 (1) Every person commits an offence who makes, prints, publishes, distributes, circulates or has in their possession for the purpose of publication, distribution or circulation any obscene written matter, picture, model, phonograph record or any other obscene thing.

• Marginal note:Idem

  (2) Every person commits an offence who knowingly, without lawful justification or excuse,

  • (a) sells, exposes to public view or has in their possession for that purpose any obscene written matter, picture, model, phonograph record or any other obscene thing; or

  • (b) publicly exhibits a disgusting object or an indecent show.

  • (c) and (d) [Repealed, 2018, c. 29, s. 11]

• Marginal note:Defence of public good

  (3) No person shall be convicted of an offence under this section if the public good was served by the acts that are alleged to constitute the offence and if the acts alleged did not extend beyond what served the public good.

• Marginal note:Question of law and question of fact

  (4) For the purposes of this section, it is a question of law whether an act served the public good and whether there is evidence that the act alleged went beyond what served the public good, but it is a question of fact whether the acts did or did not extend beyond what served the public good.

• Marginal note:Motives irrelevant

  (5) For the purposes of this section, the motives of an accused are irrelevant.

• (6) [Repealed, 1993, c. 46, s. 1]

• (7) [Repealed, 2018, c. 29, s. 11]

• Marginal note:Obscene publication

  (8) For the purposes of this Act, any publication a dominant characteristic of which is the undue exploitation of sex, or of sex and any one or more of the following subjects, namely, crime, horror, cruelty and violence, shall be deemed to be obscene.

Marginal note:Definition of child sexual abuse and exploitation material

• 163.1 (1) In this section, child sexual abuse and exploitation material means

  • (a) a photographic, film, video or other visual representation, whether or not it was made by electronic or mechanical means,

    • (i) that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or

    • (ii) the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ of a person under the age of eighteen years;

  • (b) any written material, visual representation or audio recording that advocates or counsels sexual activity with a person under the age of eighteen years that would be an offence under this Act;

  • (c) any written material whose dominant characteristic is the description, for a sexual purpose, of sexual activity with a person under the age of eighteen years that would be an offence under this Act; or

  • (d) any audio recording that has as its dominant characteristic the description, presentation or representation, for a sexual purpose, of sexual activity with a person under the age of eighteen years that would be an offence under this Act.

• Marginal note:Making child sexual abuse and exploitation material

  (2) Every person who makes, prints, publishes or possesses for the purpose of publication any child sexual abuse and exploitation material 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 sexual abuse and exploitation material

  (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 sexual abuse and exploitation material 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:Possession of child sexual abuse and exploitation material

  (4) Every person who possesses any child sexual abuse and exploitation material is guilty of

  • (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:Accessing child sexual abuse and exploitation material

  (4.1) Every person who accesses any child sexual abuse and exploitation material is guilty of

  • (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:Interpretation

  (4.2) For the purposes of subsection (4.1), a person accesses child sexual abuse and exploitation material who knowingly causes child sexual abuse and exploitation material to be viewed by, or transmitted to, himself or herself.

• Marginal note:Threat to publish, etc.

  (4.21) Every person who, with the intent to intimidate or to be taken seriously, knowingly threatens to publish, distribute, transmit, sell, make available or advertise any child sexual abuse and exploitation material

  • (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 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:Aggravating factor

  (4.3) If a person is convicted of an offence under this section, the court that imposes the sentence shall consider as an aggravating factor the fact that the person committed the offence with intent to make a profit.

• Marginal note:Defence

  (5) It is not a defence to a charge under subsection (2) in respect of a visual representation that the accused believed that a person shown in the representation that is alleged to constitute child sexual abuse and exploitation material was or was depicted as being eighteen years of age or more unless the accused took all reasonable steps to ascertain the age of that person and took all reasonable steps to ensure that, where the person was eighteen years of age or more, the representation did not depict that person as being under the age of eighteen years.

• Marginal note:Defence

  (6) No person shall be convicted of an offence under this section if the act that is alleged to constitute the offence

  • (a) has a legitimate purpose related to the administration of justice or to science, medicine, education or art; and

  • (b) does not pose an undue risk of harm to persons under the age of eighteen years.

• Marginal note:Question of law

  (7) For greater certainty, for the purposes of this section, it is a question of law whether any written material, visual representation or audio recording advocates or counsels sexual activity with a person under the age of eighteen years that would be an offence under this Act.