Voir la source de Histoire de la bestialité (infraction)

[[fr:Histoire de la bestialité (infraction)]]
{{HeaderHistory}}

==History==
{{seealso|Bestiality (Offence)}}

===2015 to Present===
On July 17, 2015, the Tougher Penalties for Child Predators Act (Bill C-26) came into force resulting in an increase of the maximum penalties for offences under s. 160(3). The maximum for offences under s. 160(3) increased from 10 years to 14 years.

{{quotation1|
; Bestiality
160 (1) Every person who commits bestiality is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction.

; Compelling the commission of bestiality
(2) Every person who compels another to commit bestiality is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction.

; Bestiality in presence of or by child
(3) Despite subsection (1), every person who commits bestiality in the presence of a person under the age of 16 years, or who incites a person under the age of 16 years to commit bestiality,
:(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than <u>14 years</u> 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.

R.S., {{LegHistory80s|1985, c. C-46}}, s. 160; R.S., {{LegHistory80s|1985, c. 19 (3rd Supp.)}}, s. 3; {{LegHistory00s|2008, c. 6}}, s. 54; {{LegHistory10s|2012, c. 1}}, s. 15; {{LegHistory10s|2015, c. 23}}, s. 5.<br>
[Changes since last version underlined]
|{{CCCSec2|160}}
}}

===2012 to 2015===
On August 9, 2012, section 160(3) was amended to increase the penalties from a hybrid offence with no minimums to a hybrid offence with minimums of 6 months on summary conviction and 1 year on indictable election. The maximum on the summary election was increased to 2 years less a day.

{{quotation1|
; Bestiality
160 (1) Every person who commits bestiality is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction.
<br>
; Compelling the commission of bestiality
(2) Every person who compels another to commit bestiality is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction.
<br>
; Bestiality in presence of or by child
<u>(3) Despite subsection (1), every person who commits bestiality in the presence of a person under the age of 16 years, or who incites a person under the age of 16 years to commit bestiality,
:(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 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.</u>

R.S., {{LegHistory80s|1985, c. C-46}}, s. 160; R.S., {{LegHistory80s|1985, c. 19 (3rd Supp.)}}, s. 3; {{LegHistory00s|2008, c. 6}}, s. 54; {{LegHistory10s|2012, c. 1}}, s. 15.
|[http://canlii.ca/t/51x1x#sec160 CCC]
}}

===2008 to 2012===

{{quotation1|
; Bestiality
160 (1) Every person who commits bestiality is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction.
<br>
; Compelling the commission of bestiality
(2) Every person who compels another to commit bestiality is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction.
<br>
; Bestiality in presence of or by child
(3) Notwithstanding subsection (1), every person who, in the presence of a person under the age of <u>16 years</u>, commits bestiality or who incites a person under the age of <u>16 years</u> to commit bestiality is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction.
<br>
R.S., {{LegHistory80s|1985, c. C-46}}, s. 160; R.S., {{LegHistory80s|1985, c. 19 (3rd Supp.)}}, s. 3; {{LegHistory00s|2008, c. 6}}, s. 54.
[Changes since last version underlined]
|[http://canlii.ca/t/51w38#sec160 CCC]
}}

===1987===
Until 1987 the offences of bestiality was combined with buggery until it was made separated in An Act to amend the Criminal Code and the Canada Evidence Act, S.C. {{LegHistory80s|1987, c. 24}}, s. 3.<ref>
See [http://www.constancebackhouse.ca/fileadmin/website/buggery.htm A History of Canadian Sexual Assault Legislation 1900-2000]
</ref>

===1985 (2)===
{{quotation1|
; Bestiality
160 (1) Every person who commits bestiality is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction.
<br>
; Compelling the commission of bestiality
(2) Every person who compels another to commit bestiality is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction.
<br>
; Bestiality in presence of or by child
(3) Notwithstanding subsection (1), every person who, in the presence of a person under the age of fourteen years, commits bestiality or who incites a person under the age of fourteen years to commit bestiality is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction.
<br>
R.S., {{LegHistory80s|1985, c. C-46}}, s. 160; R.S., {{LegHistory80s|1985, c. 19 (3rd Supp.)}}, s. 3.
|[http://canlii.ca/t/hzbs CCC]
}}


===Criminal Code, 1985===
Section 155 was renumbered as s. 160. The phrase "is liable" was replaced with "liable". The word "fourteen" was replaced with "a term not exceeding fourteen". It reads as follows:

{{quotation1|
; Buggery or bestiality
160 Every one who commits buggery or bestiality is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

R.S., c. C-34, s. 155.
|{{NA}}
}}

{{quotation1|
; Exception re acts in private between husband and wife or consenting adults
162 (1) Sections 160 and 161 do not apply to any act committed in private between
:(a) a husband and his wife, or
:(b) any two persons, each of whom is twenty-one years or more of age,
both of whom consent to the commission of the act.

; Idem
(2) For the purposes of subsection (1),
:(a) an act shall be deemed not to have been committed in private if it is committed in a public place, or if more than two persons take part or are present; and
:(b) a person shall be deemed not to consent to the commission of an act
::(i) if the consent is extorted by force, threats or fear of bodily harm or is obtained by false and fraudulent misrepresentations respecting the nature and quality of the act, or
::(ii) if that person is, and other party to the commission of the act knows or has good reason to believe that that person is, feeble-minded, insane or an idiot or imbecile. R.S., c. C-34, s. 158.

|{{NA}}
}}

===Criminal Code, 1970===
Section 147 renumbered as s. 155. It read:
{{quotation1|
; Buggery or bestiality
155 Every one who commits buggery or bestiality is guilty of an indictable offence and is liable to imprisonment for fourteen years. 

1953-54, c. 51, s. 147.
|{{NA}}
}}

{{Quotation1|
; Exception re acts in private between husband and wife or consenting adults
158 (1) Sections 155 and 157 do not apply to any act committed in private between
:(a) a husband and his wife, or
:(b) any two persons, each of whom is twenty-one years or more of age,

both of whom consent to the commission of the act.
; Idem
(2) For the purposes of subsection (1),
:(a) an act shall be deemed not to have been committed in private if it is committed in a public place, or if more than two persons take part or are present; and
:(b) a person shall be deemed not to consent to the commission of an act
::(i) if the consent is extorted by force, threats or fear of bodily harm or is obtained by false and fraudulent misrepresentations as to the nature and quality of the act, or
::(ii) if that person is, and the other party to the commission of the act knows or has good reason to believe that that person is feeble-minded, insane, or an idiot or imbecile. 

1968-69, c. 38, s. 7.
|{{NA}}
}}

===Criminal Code, 1953-54===
Section 202 was renumbered as s. 147. It was replaced with the following:

{{quotation1|
; Buggery or bestiality
147 Every one who commits buggery or bestiality is guilty of an indictable offence and is liable to imprisonment for fourteen years.
|{{NA}}
}}

===Criminal Code, 1927===
Section 202 was not modified. 

===Criminal Code, 1906===
Section 174 was renumbered as s. 202. 

===Criminal Code, 1892===

{{quotation1|
; Unnatural offence
174 Every one is guilty of an indictable offence and liable to imprisonment for life who commits buggery, either with a human being or with any other living creature.

R.S.C., c. 157, s. 1.
|{{NA}}
}}

{{reflist|2}}