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Offence in Relation to
Prostitution
Offence in relation to prostitution
213.
(1) Every person who in
a public place or in any place open to public view (a) stops or attempts
to stop any motor vehicle, (b) impedes the free flow of pedestrian or vehicular
traffic or ingress to or egress from premises adjacent to that place, or
(c) stops or attempts to stop any person or in any manner communicates or
attempts to communicate with any person for the purpose of engaging in prostitution
or of obtaining the sexual services of a prostitute is guilty of an offence
punishable on summary conviction. Definition of "public place"
(2) In this section, "public
place" includes any place to which the public have access as of right or
by invitation, express or implied, and any motor vehicle located in a public
place or in any place open to public view. R.S., 1985, c. C-46, s. 213;
R.S., 1985, c. 51 (1st Supp.), s. 1.
Procuring 212.
(Detailed Information)
(1) Every one who
(a) procures, attempts to procure or solicits a person to have illicit sexual
intercourse with another person, whether in or out of Canada,
(b) inveigles or entices a person who is not a prostitute to a common bawdy-house
for the purpose of illicit sexual intercourse or prostitution,
(c) knowingly conceals a person in a common bawdy-house,
(d) procures or attempts to procure a person to become, whether in or out
of Canada, a prostitute,
(e) procures or attempts to procure a person to leave the usual place of
abode of that person in Canada, if that place is not a common bawdy-house,
with intent that the person may become an inmate or frequenter of a common
bawdy-house, whether in or out of Canada,
(f) on the arrival of a person in Canada, directs or causes that person
to be directed or takes or causes that person to be taken, to a common bawdy-house,
(g) procures a person to enter or leave Canada, for the purpose of prostitution,
(h) for the purposes of gain, exercises control, direction or influence
over the movements of a person in such manner as to show that he is aiding,
abetting or compelling that person to engage in or carry on prostitution
with any person or generally,
(i) applies or administers to a person or causes that person to take any
drug, intoxicating liquor, matter or thing with intent to stupefy or overpower
that person in order thereby to enable any person to have illicit sexual
intercourse with that person, or
(j) lives wholly or in part on the avails of prostitution of another person,
is guilty of an indictable offence and liable to imprisonment for a term
not exceeding ten years.
Idem (2) Notwithstanding
paragraph
(1)(j), every person who lives wholly or in part on the avails of prostitution
of another person who is under the age of eighteen years is guilty of an
indictable offence and liable to imprisonment for a term not exceeding fourteen
years. Aggravated offence in relation to living on the avails of prostitution
of a person under the age of eighteen years
(2.1) Notwithstanding
paragraph
(1)(j) and subsection
(2), every person who lives wholly or in part on the avails of prostitution
of another person under the age of eighteen years, and who
(a) for the purposes of profit, aids, abets, counsels or compels the person
under that age to engage in or carry on prostitution with any person or
generally, and
(b) uses, threatens to use or attempts to use violence, intimidation or
coercion in relation to the person under that age, is guilty of an indictable
offence and liable to imprisonment for a term not exceeding fourteen years
but not less than five years.
Presumption
(3) Evidence that a person
lives with or is habitually in the company of a prostitute or lives in a
common bawdy-house is, in the absence of evidence to the contrary, proof
that the person lives on the avails of prostitution, for the purposes of
paragraph
(1)(j) and subsections (2) and (2.1).
Offence - prostitution
of person under eighteen
(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 eighteen years is guilty of an indictable
offence and liable to imprisonment for a term not exceeding five years.
(5) [Repealed, 1999, c. 5, s. 8] R.S., 1985, c. C-46, s. 212; R.S., 1985,
c. 19 (3rd Supp.), s. 9; 1997, c. 16, s. 2; 1999, c. 5, s.
Bawdy-houses Keeping
common bawdy-house 210.
(1) Every one who keeps
a common bawdy-house is guilty of an indictable offence and liable to imprisonment
for a term not exceeding two years. Landlord, inmate, etc.
(2) Every one who
(a) is an inmate of a common bawdy-house,
(b) is found, without lawful excuse, in a common bawdy-house, or
(c) as owner, landlord, lessor, tenant, occupier, agent or otherwise having
charge or control of any place, knowingly permits the place or any part
thereof to be let or used for the purposes of a common bawdy-house, is guilty
of an offence punishable on summary conviction. Notice of conviction to
be served on owner
(3) Where a person is
convicted of an offence under subsection(1),
the court shall cause a notice of the conviction to be served on the owner,
landlord or lessor of the place in respect of which the person is convicted
or his agent, and the notice shall contain a statement to the effect that
it is being served pursuant to this section.
Duty of landlord on notice
(4) Where a person on whom a notice is served under subsection (3) fails
forthwith to exercise any right he may have to determine the tenancy or
right of occupation of the person so convicted, and thereafter any person
is convicted of an offence under subsection (1) in respect of the same premises,
the person on whom the notice was served shall be deemed to have committed
an offence under subsection (1) unless he proves that he has taken all reasonable
steps to prevent the recurrence of the offence. R.S., c. C-34, s. 193.
Transporting person to
bawdy-house 211.
Every one who knowingly
takes, transports, directs, or offers to take, transport or direct, any
other person to a common bawdy-house is guilty of an offence punishable
on summary conviction. R.S., c. C-34, s. 194.
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