What Canada Criminal Code Section 151 - Sexual Interference with a Person Under 16 requires
Section 151 of the Criminal Code of Canada makes it an offence for a person to, for a sexual purpose, touch, 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. The age of consent is generally 16, but a close-in-age exception applies for those aged 14-15 with a consensual partner less than 5 years older. Penalty: indictable up to 14 years imprisonment (mandatory minimum 1 year before R v Bertrand Marchand 2023 SCC 26 invalidation); summary up to 2 years less a day (mandatory minimum 90 days). Section 151 is Canada's principal child sexual abuse offence and operates alongside Section 152 (invitation to sexual touching), Section 153 (sexual exploitation by person in position of trust 16-17), and the broader chapter 5 sexual offences framework (Sections 271-273).
Pillar: Adult Industry & Sexual Content Compliance · Authority: Parliament of Canada · Version: 1.0.0 · Last updated:
Primary source: https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#sec151
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Primary Citations — 10 traced to source
- Criminal Code, R.S.C. 1985, c. C-46, Section 151 (Sexual interference): '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 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.' (laws-lois.justice.gc.ca/eng/acts/C-46/section-151.html)
- Criminal Code Section 150.1: age of consent for sexual activity is 16; close-in-age exceptions at Section 150.1(2) and (2.1).
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