A History of Canadian Sexual Assault Legislation
1900-2000

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Abduction of a Girl Under Sixteen

The Criminal Code, 1892, S.C. 1892, c. 29, s. 283.

[Abduction of girl under sixteen.]
283. Every one is guilty of an indictable offence and liable to five years’ imprisonment who unlawfully takes or causes to be taken any unmarried girl, being under the age of sixteen years, out of the possession and against the will of her father or mother, or of any other person having the lawful care or charge of her.
    2. It is immaterial whether the girl is taken with her own consent or at her suggestion or not.
    3. It is immaterial whether or not the offender believed the girl to be of or above the age of sixteen. R.S.C., c. 162, s. 44.

Criminal Code, R.S.C. 1906, c. 146, s. 315.

[Abduction of girl under sixteen.]
315. Every one is guilty of an indictable offence and liable to five years’ imprisonment who unlawfully takes or causes to be taken any unmarried girl, who is under the age of sixteen years, out of the possession and against the will of her father or mother, or of any other person having the lawful care or charge of her.
    [Consent immaterial.]
    2. It is immaterial whether the girl is taken with her own consent or at her own suggestion or not.
    [Belief of offender.]
    3. It is immaterial whether or not the offender believed the girl to be of or above the age of sixteen. 55-56 V., c. 29, s. 283.

Criminal Code, R.S.C. 1927, c. 36, s. 315.

[Abduction of girl under sixteen.]
315. Every one is guilty of an indictable offence and liable to five years' imprisonment who unlawfully takes or causes to be taken any unmarried girl, who is under the age of sixteen years, out of the possession and against the will of her father or mother, or of any other person having the lawful care or charge of her.
    [Consent immaterial.]
    2. It is immaterial whether the girl is taken with her own consent or at her own suggestion or not.
    [Belief of offender.]
    3. It is immaterial whether or not the offender believed the girl to be of or above the age of sixteen. R.S., c. 146, s. 315.

Criminal Code, S.C. 1953-54, c. 51, s. 235.

[Abduction of female under sixteen.]
235. (1) Every one who, without lawful authority, takes or causes to be taken an unmarried female person under the age of sixteen years out of the possession of and against the will of her parent or guardian or of any other person who has lawful care or charge of her is guilty of an indictable offence and is liable to imprisonment for five years.
    [Consent immaterial. Belief as to age immaterial.]
    (2) For the purpose of proceedings under this section it is not material whether
        (a) the female person is taken with her own consent or at her own suggestion, or
        (b) the accused believes that the female person is sixteen years of age or more.

Criminal Code, S.C. 1970, c. C-34, s. 249.

[Abduction of female under sixteen]
249. (1) Every one who, without lawful authority, takes or causes to be taken an unmarried female person under the age of sixteen years out of the possession of and against the will or her parent or guardian or of any other person who has lawful care or charge of her is guilty of an indictable offence and is liable to imprisonment for five years.
    [Matters not material]
    (2) For the purpose of proceedings under this section it is not material whether
        (a) the female person is taken with her own consent or at her own suggestion, or
        (b) the accused believes that the female person is sixteen years of age or more. 1953-54, c. 51, s. 235.

An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, S.C. 1980-81-82-83, c. 125, s. 20.

[Abduction of person under sixteen]
249. (1) Every one who, without lawful authority, takes or causes to be taken an unmarried person under the age of sixteen years out of the possession of and against the will of the parent or guardian of that person or of any other person who has the lawful care or charge of that person is guilty of an indictable offence and is liable to imprisonment for five years.
    (2) In this section and sections 250 to 250.2, “guardian” includes any person who has in law or in fact the custody or control of another person.

[Defence]
250.4 No one shall be found guilty of an offence under sections 249 to 250.2 if the court is satisfied that the taking, enticing away, concealing, detaining, receiving or harbouring of any young person was necessary to protect the young person from danger of imminent harm.

[No defence]
250.5 In proceedings in respect of an offence under sections 249 to 250.2, it is not a defence to any charge that a young person consented to or suggested any conduct of the accused.

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

[Abduction of person under sixteen]
280. (1) Every one who, without lawful authority, takes or causes to be taken an unmarried person under the age of sixteen years out of the possession of and against the will of the parent or guardian of that person or of any other person who has the lawful care or charge of that person is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
    [Definition of “guardian”]
    (2) In this section and sections 281 to 283, “guardian” includes any person who has in law or in fact the custody or control of another person. R.S., c. C-34, s. 249; 1980-81-82-83, c. 125, s. 20.

[Defence]
284. No one shall be found guilty of an offence under sections 281 to 283 if he establishes that the taking, enticing away, concealing, detaining, receiving or harbouring of any young person was done with the consent of the parent, guardian, or other person having the lawful possession, care or charge of that young person. 1980-81-82-83, c. 125, s. 20.

[Defence]
285. No one shall be found guilty of an offence under sections 280 to 283 if the court is satisfied that the taking, enticing away, concealing, detaining, receiving or harbouring of any young person was necessary to protect the young person from danger of imminent harm. 1980-81-82-83, c. 125, s. 20.

[No defence]
286. In proceedings in respect of an offence under sections 280 to 283, it is not a defence to any charge that a young person consented to or suggested any conduct of the accused. 1980-81-82-83, c. 125, s. 20.

Note: s. 281: Abduction of person under fourteen; s. 282: Abduction in contravention of custody order; s. 283: Abduction where no custody order.
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