A History of Canadian Sexual Assault Legislation
1900-2000

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Corrupting Children

An Act to amend the Criminal Code, S.C. 1918, c. 16, s. 1.

[Corrupting children.]
220A. (1) Any person who, in the home of a child, by indulgence in sexual immorality, in habitual drunkenness or in any other form of vice, causes such child to be in danger of being or becoming immoral, dissolute or criminal, or the morals of such child to be injuriously affected, or renders the home of such child an unfit place for such child to be in, shall be liable, on summary conviction, to a fine not exceeding five hundred dollars or to imprisonment for a period not exceeding one year or to both fine and imprisonment.
    (2) For the purposes of this section, "child" means a boy or girl apparently or actually under the age of sixteen years.
    (3) It shall not be a valid defence to a prosecution under this section that the child is of too tender years to understand or appreciate the nature of the act complained of or to be immediately affected thereby.
    (4) No prosecution shall be instituted under this section unless it be at the instance of some recognized society for the protection of children or an officer of a juvenile court, without the authorization of the Attorney General of the province in which the offence is alleged to have been committed, nor shall any such prosecution be commenced after the expiration of six months from the time of the commission of the alleged offence.

Note: the 1927 Criminal Code included "Corrupting children" in the section "Parent or guardian procuring defilement of girl," but then the two offences were again separated in the 1954 Criminal Code.

Criminal Code, R.S.C. 1927, c. 36, s. 215.

[Parent or guardian procuring or party to defilement of girl or woman.]
215. Every one who, being the parent or guardian of any girl or woman,
        (a) procures such girl or woman to have carnal connection with any man other than the procurer; or
        (b) orders, is party to, permits or knowingly receives the avails of, the defilement, seduction or prostitution of such girl or woman;
[Penalty.]
is guilty of an indictable offence, and liable to fourteen years' imprisonment, if such girl or woman is under the age of fourteen years, and if such girl or woman is of or above the age of fourteen years, to five years' imprisonment.
    [Corrupting children.]
    2. Any person who, in the home of a child, by indulgence in sexual immorality, in habitual drunkenness or in any other form of vice, causes such child to be in danger of being or becoming immoral, dissolute or criminal, or the morals of such child to be injuriously affected, or renders the home of such child an unfit place for such child to be in, shall be liable, on summary conviction, to a fine not exceeding five hundred dollars or to imprisonment for a period not exceeding one year or to both fine and imprisonment.
    3. For the purposes of this section, "child" means a boy or girl apparently or actually under the age of sixteen years.
    [Definition of "child."]
    4. It shall not be a valid defence to a prosecution under this section that the child is of too tender years to understand or appreciate the nature of the act complained of or to be immediately affected thereby.
    5. No prosecution shall be instituted under subsections two, three or four of this section unless it be at the instance of some recognized society for the protection of children or an officer of a juvenile court, without the authorization of the Attorney General of the province in which the offence is alleged to have been committed, nor shall any such prosecution be commenced after the expiration of six months from the time of the commission of the alleged offence. R.S., c. 146, s. 215; 1918, c. 16, s. 1.

Criminal Code, S.C. 1953-54, c. 51, s. 157.

[Corrupting children.]
157. (1) Every one who, in the home of a child, participates in adultery or sexual immorality or indulges in habitual drunkenness or any other form of vice, and thereby endangers the morals of the child or renders the home an unfit place for the child to be in, is guilty of an indictable offence and is liable to imprisonment for two years.
    [Limitation.]
    (2) No proceedings for an offence under this section shall be commenced more than one year after the time when the offence was committed.
    ["Child."]
    (3) For the purposes of this section, “child” means a person who is or appears to be under the age of eighteen years.
    [Who may institute prosecutions.]
    (4) No proceedings shall be commenced under subsection (1) without the consent of the Attorney General, unless they are instituted by or at the instance of a recognized society for the protection of children or by an officer of a juvenile court.

Criminal Code, R.S.C. 1970, c. C-34, s. 168.

[Corrupting children]
168. (1) Every one who, in the home of a child, participates in adultery or sexual immortality or indulges in habitual drunkenness or any other form of vice, and thereby endangers the morals of the child or renders the home an unfit place for the child to be in, is guilty of an indictable offence and is liable to imprisonment for two years.
    [Limitation]
    (2) No proceedings for an offence under this section shall be commenced more than one year after the time when the offence was committed.
    [“Child”]
    (3) For the purposes of this section, “child” means a person who is or appears to be under the age of eighteen years.
    [Who may institute prosecutions]
    (4) No proceedings shall be commenced under subsection (1) without the consent of the Attorney General, unless they are instituted by or at the instance of a recognized society for the protection of children or by an officer of a juvenile court. 1953-54, c. 51, s. 157.

Criminal Code, R.S.C. 1985, c. C-46, s. 172.

[Corrupting children]
172. (1) Every one who, in the home of a child, participates in adultery or sexual immorality or indulges in habitual drunkenness or any other form of vice, and thereby endangers the morals of the child or renders the home an unfit place for the child to be in, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
    [Limitation]
    (2) No proceedings for an offence under this section shall be commenced more than one year after the time when the offence was committed.
    [Definition of "child"]
    (3) For the purposes of this section, "child" means a person who is or appears to be under the age of eighteen years.
    [Who may institute prosecutions]
    (4) No proceedings shall be commenced under subsection (1) without the consent of the Attorney General, unless they are instituted by or at the instance of a recognized society for the protection of children or by an officer of a juvenile court. R.S., c. C-34, s. 168.

An Act to amend the Criminal Code and the Canada Evidence Act, R.S.C. 1985 (3d Supp.), c. 19, s. 6.

[Corrupting children]
172. (1) Every one who, in the home of a child, participates in adultery or sexual immorality or indulges in habitual drunkenness or any other form of vice, and thereby endangers the morals of the child or renders the home an unfit place for the child to be in, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
    [Limitation]
    (2) [Repealed.]
    [Definition of "child"]
    (3) For the purposes of this section, "child" means a person who is or appears to be under the age of eighteen years.
    [Who may institute prosecutions]
    (4) No proceedings shall be commenced under subsection (1) without the consent of the Attorney General, unless they are instituted by or at the instance of a recognized society for the protection of children or by an officer of a juvenile court. R.S., c. C-34, s. 168.

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