A History of Canadian Sexual Assault Legislation
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Note: the name of this offence was originally "Unlawfully defiling women." Criminal Code, 1892, c. 29, s. 185.[Unlawfully defiling women.]185. Every one is guilty of an indictable offence, and liable to two years’ imprisonment with hard labour, who–     (a) procures, or attempts to procure, any girl or woman under twenty-one years of age, not being a common prostitute or of known immoral character, to have unlawful carnal connection, either within or without Canada, with any other person or persons; or     (b) inveigles or entices any such woman or girl to a house of ill-fame or assignation for the purpose of illicit intercourse or prostitution, or knowingly conceals in such house any such woman or girl so inveigled or enticed; or     (c) procures, or attempts to procure, any woman or girl to become, either within or without Canada, a common prostitute; or     (d) procures, or attempts to procure, any woman or girl to leave Canada with intent that she may become an inmate of a brothel elsewhere; or     (e) procures any woman or girl to come to Canada from abroad with intent that she may become an inmate of a brothel in Canada; or     (f) procures, or attempts to procure, any woman or girl to leave her usual place of abode in Canada, such place not being a brothel, with intent that she may become an inmate of a brothel within or without Canada; or     (g) by threats or intimidation procures, or attempts to procure, any woman or girl to have any unlawful carnal connection, either within or without Canada; or     (h) by false pretences or false representations procures any woman or girl, not being a common prostitute or of known immoral character, to have any unlawful carnal connection, either within or without Canada; or     (i) applies, administers to, or causes to be taken by any woman or girl any drug, intoxicating liquor, matter, or thing with intent to stupefy or overpower so as thereby to enable any person to have unlawful carnal connection with such woman or girl. 53 V., c. 39, s. 9; R.S.C., c. 157, s. 7. Criminal Code, R.S.C. 1906, c. 146, s. 216.[Penalty.]216. Every one is guilty of an indictable offence and liable to two years’ imprisonment with hard labour, who,—     [Procuring girl for defilement.]     (a) procures, or attempts to procure, any girl or woman under twenty-one years of age, not being a common prostitute or of known immoral character, to have unlawful carnal connection, either within or without Canada, with any other person or persons; or,     [Enticing girl to house of ill-fame.]     (b) inveigles or entices any such woman or girl to a house of ill-fame or assignation for the purpose of illicit intercourse or prostitution, or knowingly conceals in such house any such woman or girl so inveigled or enticed; or,     [Procuring girl for prostitution.]     (c) procures, or attempts to procure, any woman or girl to become, either within or without Canada, a common prostitute; or,     [To leave Canada for the purpose.]     (d) procures, or attempts to procure, any woman or girl to leave Canada with intent that she may become an inmate of a brothel elsewhere; or     [To come into Canada for the purpose.]     (e) procures any woman or girl to come to Canada from abroad with intent that she may become an inmate of a brothel in Canada; or,     [To leave her abode for the purpose.]     (f) procures, or attempts to procure, any woman or girl to leave her usual place of abode in Canada, such place not being a brothel, with intent that she may become an inmate of a brothel, within or without Canada; or     [Carnal connection by threats.]     (g) by threats or intimidation procures, or attempts to procure, any woman or girl to have any unlawful carnal connection, either within or without Canada; or,     [By false pretenses.]     (h) by false pretenses or false representations procures any woman or girl, not being a common prostitute or of known immoral character, to have any unlawful carnal connection, either within or without Canada; or,     [Administering drugs for the purpose.]     (i) applies, administers to, or causes to be taken by any woman or girl any drug, intoxicating liquor, matter, or thing with intent to stupefy or overpower so as thereby to enable any person to have unlawful carnal connection with such woman or girl. 55-56 V., c. 29, s. 185. An Act to amend the Criminal Code, S.C. 1909, c. 9, s. 2.[Penalty.]216. Every one is guilty of an indictable offence and liable to five years’ imprisonment with hard labour, who,—     [Procuring girl for defilement.]     (a) procures, or attempts to procure, any girl or woman under twenty-one years of age, not being a common prostitute or of known immoral character, to have unlawful carnal connection, either within or without Canada, with any other person or persons; or,     [Enticing girl to house of ill-fame.]     (b) inveigles or entices any such woman or girl to a house of ill-fame or assignation for the purpose of illicit intercourse or prostitution, or knowingly conceals in such house any such woman or girl so inveigled or enticed; or,     [Procuring girl for prostitution.]     (c) procures, or attempts to procure, any woman or girl to become, either within or without Canada, a common prostitute; or,     [To leave Canada for the purpose.]     (d) procures, or attempts to procure, any woman or girl to leave Canada with intent that she may become an inmate of a brothel elsewhere; or     [To come into Canada for the purpose.]     (e) procures any woman or girl to come to Canada from abroad with intent that she may become an inmate of a brothel in Canada; or,     [To leave her abode for the purpose.]     (f) procures, or attempts to procure, any woman or girl to leave her usual place of abode in Canada, such place not being a brothel, with intent that she may become an inmate of a brothel, within or without Canada; or     [Carnal connection by threats.]     (g) by threats or intimidation procures, or attempts to procure, any woman or girl to have any unlawful carnal connection, either within or without Canada; or,     [By false pretenses.]     (h) by false pretenses or false representations procures any woman or girl, not being a common prostitute or of known immoral character, to have any unlawful carnal connection, either within or without Canada; or,     [Administering drugs for the purpose.]     (i) applies, administers to, or causes to be taken by any woman or girl any drug, intoxicating liquor, matter, or thing with intent to stupefy or overpower so as thereby to enable any person to have unlawful carnal connection with such woman or girl. 55-56 V., c. 29, s. 185. An Act to amend the Criminal Code, S.C. 1913, c. 13, s. 9.[Procuring.]216. Every one is guilty of an indictable offence and shall be liable to five years imprisonment and on any second or subsequent conviction shall also be liable to be whipped in addition to such imprisonment who—         (a) procures, or attempts to procure or solicits any girl or woman to have unlawful carnal connection, either within or without Canada, with any other person or persons; or,         (b) inveigles or entices any woman or girl not being a common prostitute or of known immoral character to a common bawdy house or assignation house for the purpose of illicit intercourse or prostitution; or,         (c) knowingly conceals any woman or girl in any common bawdy or assignation house; or,         (d) procures or attempts to procure any woman or girl to become, either within or without Canada, a common prostitute; or,         (e) procures or attempts to procure any woman or girl to leave her usual place of abode in Canada, such place not being a common bawdy house, with intent that she may become an inmate or frequenter of a common bawdy house within or without Canada; or,         (f) on the arrival of any woman or girl in Canada, directs or causes her to be directed, takes or causes her to be taken, to any common bawdy house or house of assignation; or,         (g) procures any woman or girl to come to Canada, or to leave Canada, for the purpose of prostitution; or,         (h) by threats or intimidation procures or attempts to procure any woman or girl to have any unlawful carnal connection, either within or without Canada; or,         (i) for the purposes of gain, exercises control, direction or influence over the movements of any woman or girl in such a manner as to show that he is aiding, abetting or compelling her prostitution with any person or generally; or,         (j) by false pretences or false representations procures any woman or girl to have any unlawful carnal connection, either within or without Canada; or,         [Drugs.]         (k) applies, administers to, or causes to be taken by any woman or girl any drug, intoxicating liquor, matter, or thing with intent to stupefy or overpower so as thereby to enable any person to have unlawful carnal connection with such woman or girl; or,         [Living on earnings of prostitution.]         (l) being a male person, lives wholly or in part on the earnings of prostitution.     [Evidence.]     2. Where a male person is proved to live with or to be habitually in the company of a prostitute or prostitutes, and has no visible means of support, or to live in a house of prostitution, he shall, unless he can satisfy the court to the contrary, be deemed to be living on the earnings of prostitution. [55-56 V., c. 29, s. 185.] An Act to amend the Criminal Code, S.C. 1919-1920, c. 43, s. 18.[Procuring.]216. Every one is guilty of an indictable offence and shall be liable to ten years imprisonment and on any second or subsequent conviction shall also be liable to be whipped in addition to such imprisonment who—         (a) procures, or attempts to procure or solicits any girl or woman to have unlawful carnal connection, either within or without Canada, with any other person or persons; or,         (b) inveigles or entices any woman or girl not being a common prostitute or of known immoral character to a common bawdy house or assignation house for the purpose of illicit intercourse or prostitution; or,         (c) knowingly conceals any woman or girl in any common bawdy or assignation house; or,         (d) procures or attempts to procure any woman or girl to become, either within or without Canada, a common prostitute; or,         (e) procures or attempts to procure any woman or girl to leave her usual place of abode in Canada, such place not being a common bawdy house, with intent that she may become an inmate or frequenter of a common bawdy house within or without Canada; or,         (f) on the arrival of any woman or girl in Canada, directs or causes her to be directed, takes or causes her to be taken, to any common bawdy house or house of assignation; or,         (g) procures any woman or girl to come to Canada, or to leave Canada, for the purpose of prostitution; or,         (h) by threats or intimidation procures or attempts to procure any woman or girl to have any unlawful carnal connection, either within or without Canada; or,         (i) for the purposes of gain, exercises control, direction or influence over the movements of any woman or girl in such a manner as to show that he is aiding, abetting or compelling her prostitution with any person or generally; or,         (j) by false pretences or false representations procures any woman or girl to have any unlawful carnal connection, either within or without Canada; or,         [Drugs.]         (k) applies, administers to, or causes to be taken by any woman or girl any drug, intoxicating liquor, matter, or thing with intent to stupefy or overpower so as thereby to enable any person to have unlawful carnal connection with such woman or girl; or,         [Living on earnings of prostitution.]         (l) being a male person, lives wholly or in part on the earnings of prostitution.     [Evidence.]     2. Where a male person is proved to live with or to be habitually in the company of a prostitute or prostitutes, and has no visible means of support, or to live in a house of prostitution, he shall, unless he can satisfy the court to the contrary, be deemed to be living on the earnings of prostitution. Criminal Code, R.S.C. 1927, c. 36, s. 216.[Procuring.]216. Every one is guilty of an indictable offence and shall be liable to ten years' imprisonment and on any second or subsequent conviction shall also be liable to be whipped in addition to such imprisonment who         (a) procures, or attempts to procure or solicits any girl or woman to have unlawful carnal connection, either within or without Canada, with any other person or persons; or         (b) inveigles or entices any woman or girl not being a common prostitute or of known immoral character to a common bawdy or assignation house for the purpose of illicit intercourse or prostitution; or         (c) knowingly conceals any woman or girl in any common bawdy or assignation house; or         (d) procures or attempts to procure any woman or girl to become, either within or without Canada, a common prostitute; or         (e) procures or attempts to procure any woman or girl to leave her usual place of abode in Canada, such place not being a common bawdy house, with intent that she may become an inmate or frequenter of a common bawdy house within or without Canada; or         (f) on the arrival of any woman or girl in Canada, directs or causes her to be directed, takes or causes her to be taken, to any common bawdy house or house of assignation; or         (g) procures any woman or girl to come to Canada, or to leave Canada, for the purpose of prostitution; or         (h) by threats or intimidation procures or attempts to procure any woman or girl to have any unlawful carnal connection, either within or without Canada; or         (i) for the purposes of gain, exercises control, direction or influence over the movements of any woman or girl in such manner as to show that he is aiding, abetting or compelling her prostitution with any person or generally; or         (j) by false pretenses or false representations procures any woman or girl to have any unlawful carnal connection, either within or without Canada; or         [Drugs.]         (k) applies, administer to, or causes to be taken by any woman or girl any drug, intoxicating liquor, matter, or thing with intent to stupefy or overpower so as thereby to enable any person to have unlawful carnal connection with such woman or girl; or         (l) being a male person, lives wholly or in part on the earnings of prostitution.     [Living on earnings of prostitution. Evidence.]     2. Where a male person is proved to live with or to be habitually in the company of a prostitute or prostitutes, and has no visible means of support, or to live in a house of prostitution, he shall unless he can satisfy the court to the contrary, be deemed to be living on the earnings of prostitution. 1913, c. 13, s. 9; 1920, c. 43, s. 18. Criminal Code, S.C. 1953-54, c. 51, s. 184.[Procuring.]184. (1) Every one who         (a) procures, attempts to procure or solicits a female person to have illicit sexual intercourse with another person, whether in or out of Canada         (b) inveigles or entices a female person who is not a common prostitute or a person of known immoral character to a common bawdy-house or house of assignation for the purpose of illicit sexual intercourse or prostitution,         (c) knowingly conceals a female person in a common bawdy-house or house of assignation,         (d) procures or attempts to procure a female person to become, whether in or out of Canada, a common prostitute,         (e) procures or attempts to procure a female person to leave her usual place of abode in Canada, if that place is not a common bawdy-house, with intent that she may become an inmate or frequenter of a common bawdy-house, whether in or out of Canada,         (f) on the arrival of a female person in Canada, directs or causes her to be directed, or takes or causes her to be taken, to a common bawdy-house or house of assignation,         (g) procures a female 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 female person in such manner as to show that he is aiding, abetting or compelling her to engage in or carry on prostitution with any person or generally,         (i) applies or administers to a female person or causes her to take any drug, intoxicating liquor, matter, or thing with intent to stupefy or overpower her in order thereby to enable any person to have illicit sexual intercourse with her,         (j) being a male person, lives wholly or in part on the avails of prostitution, or         (k) being a female person, lives wholly or in part on the avails of prostitution of another female person, is guilty of an indictable offence and is liable to imprisonment for ten years.     [Presumption.]     (2) Evidence that a male person lives with or is habitually in the company of prostitutes, or lives in a common bawdy-house or house of assignation is prima facie evidence that he lives on the avails of prostitution.     [Corroboration.]     (3) No person shall be convicted of an offence under subsection (1), other than an offence under paragraph (j) of that subsection, upon the evidence of only one witness unless the evidence of that witness is corroborated in a material particular by evidence that implicates the accused.     [Limitation.]     (4) No proceedings for an offence under this section shall be commenced more than one year after the time when the offence is alleged to have been committed. Criminal Code, R.S.C. 1970, c. C-34, s. 195.[Procuring]195. (1) Every one who         (a) procures, attempts to procure or solicits a female person to have illicit sexual intercourse with another person, whether in or out of Canada,         (b) inveigles or entices a female person who is not a common prostitute or a person of known immoral character to a common bawdy-house or house of assignation for the purpose of illicit sexual intercourse or prostitution,         (c) knowingly conceals a female person in a common bawdy-house or house of assignation,         (d) procures or attempts to procure a female person to become, whether in or out of Canada, a common prostitute,         (e) procures or attempts to procure a female person to leave her usual place of abode in Canada, if that place is not a common bawdy-house, with intent that she may become an inmate or frequenter of a common bawdy-house, whether in or out of Canada,         (f) on the arrival of a female person in Canada, directs or causes her to be directed, or takes or causes her to be taken, to a common bawdy-house or house of assignation,         (g) procures a female 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 female person in such manner as to show that he is aiding, abetting or compelling her to engage in or carry on prostitution with any person or generally,         (i) applies or administers to a female person or causes her to take any drug, intoxicating liquor, matter, or thing with intent to stupefy or overpower her in order thereby to enable any person to have illicit sexual intercourse with her,         (j) being a male person, lives wholly or in part on the avails of prostitution, or         (k) being a female person, lives wholly or in part on the avails of prostitution of another female person, is guilty of an indictable offence and is liable to imprisonment for ten years.     [Presumption]     (2) Evidence that a male person lives with or is habitually in the company of prostitutes, or lives in a common bawdy-house or house of assignation is, in the absence of any evidence to the contrary, proof that he lives on the avails of prostitution.     [Corroboration]     (3) No person shall be convicted of an offence under subsection (1), other than an offence under paragraph (j) of that subsection, upon the evidence of only one witness unless the evidence of that witness is corroborated in a material particular by evidence that implicates the accused.     [Limitation]     (4) No proceedings for an offence under this section shall be commenced more than one year after the time when the offence is alleged to have been committed. 1953-54, c. 51, s. 184; 1968-69, c. 38, s. 92. Criminal Law Amendment Act, 1972, S.C. 1972, c. 13, s. 14.[Procuring]195. (1) Every one who         (a) procures, attempts to procure or solicits a female person to have illicit sexual intercourse with another person, whether in or out of Canada,         (b) inveigles or entices a female person who is not a common prostitute or a person of known immoral character to a common bawdy-house or house of assignation for the purpose of illicit sexual intercourse or prostitution,         (c) knowingly conceals a female person in a common bawdy-house or house of assignation,         (d) procures or attempts to procure a female person to become, whether in or out of Canada, a common prostitute,         (e) procures or attempts to procure a female person to leave her usual place of abode in Canada, if that place is not a common bawdy-house, with intent that she may become an inmate or frequenter of a common bawdy-house, whether in or out of Canada,         (f) on the arrival of a female person in Canada, directs or causes her to be directed, or takes or causes her to be taken, to a common bawdy-house or house of assignation,         (g) procures a female 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 female person in such manner as to show that he is aiding, abetting or compelling her to engage in or carry on prostitution with any person or generally,         (i) applies or administers to a female person or causes her to take any drug, intoxicating liquor, matter, or thing with intent to stupefy or overpower her in order thereby to enable any person to have illicit sexual intercourse with her, or         (j) lives wholly or in part on the avails of prostitution of another person,         (k) [Repealed.] is guilty of an indictable offence and is liable to imprisonment for ten years.     [Presumption]     (2) Evidence that a male person lives with or is habitually in the company of prostitutes, or lives in a common bawdy-house or house of assignation is, in the absence of any evidence to the contrary, proof that he lives on the avails of prostitution.     [Corroboration]     (3) No person shall be convicted of an offence under subsection (1), other than an offence under paragraph (j) of that subsection, upon the evidence of only one witness unless the evidence of that witness is corroborated in a material particular by evidence that implicates the accused.     [Limitation]     (4) No proceedings for an offence under this section shall be commenced more than one year after the time when the offence is alleged to have been committed. 1953-54, c. 51, s. 184; 1968-69, c. 38, s. 92. 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. 13.[Procuring]195. (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 or a person of known immoral character to a common bawdy-house or house of assignation for the purpose of illicit sexual intercourse or prostitution,         (c) knowingly conceals a person in a common bawdy-house or house of assignation,         (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 or house of assignation,         (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 is liable to imprisonment for ten years.     [Presumption]     (2) Evidence that a person lives with or is habitually in the company of prostitutes, or lives in a common bawdy-house or house of assignation is, in the absence of evidence to the contrary, proof that the person lives on the avails of prostitution.     [Corroboration]     (3) No person shall be convicted of an offence under subsection (1), other than an offence under paragraph (j) of that subsection, upon the evidence of only one witness unless the evidence of that witness is corroborated in a material particular by evidence that implicates the accused.     [Limitation]     (4) No proceedings for an offence under this section shall be commenced more than one year after the time when the offence is alleged to have been committed. 1953-54, c. 51, s. 184; 1968-69, c. 38, s. 92. Criminal Code, R.S.C. 1985, c. C-46, s. 212.[Procuring]212. (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 or a person of known immoral character to a common bawdy-house or house of assignation for the purpose of illicit sexual intercourse or prostitution,         (c) knowingly conceals a person in a common bawdy-house or house of assignation,         (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 direct or takes or causes that person to be taken, to a common bawdy-house or house of assignation,         (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 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.     [Presumption]     (2) Evidence that a person lives with or is habitually in the company of prostitutes, or lives in a common bawdy-house or house of assignation is, in the absence of evidence to the contrary, proof that the person lives on the avails of prostitution.     [Corroboration]     (3) No person shall be convicted of an offence under subsection (1), other than an offence under paragraph (j) of that subsection, on the evidence of only one witness unless the evidence of that witness is corroborated in a material particular by evidence that implicates the accused.     [Limitation]     (4) No proceedings for an offence under this section shall be commenced more than one year after the time when the offence is alleged to have been committed. R.S., c. C-34, s. 195; 1972, c. 13, s. 14; 1980-81-82-83, c. 125, s. 13. An Act to amend the Criminal Code and the Canada Evidence Act, R.S.C. 1985 (3d Supp.), c. 19, s. 9.[Procuring]212. (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 or a person of known immoral character to a common bawdy-house or house of assignation for the purpose of illicit sexual intercourse or prostitution,         (c) knowingly conceals a person in a common bawdy-house or house of assignation,         (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 direct or takes or causes that person to be taken, to a common bawdy-house or house of assignation,         (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 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.     [Presumption]     (3) Evidence that a person lives with or is habitually in the company of a prostitute or lives in a common bawdy-house or in a house of assignation 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 subsection (2).     [Offence in relation to juvenile prostitution]     (4) Every person who, in any place, obtains or attempts to obtain, 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. |
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