Canadian Criminal Sentencing/Offences/Procuring and Living on the Avails of Prostitution

Procuring and Living on Avails
s. 212 of the Crim. Code
Election / Plea
Jurisdiction	Prov. Court SC Judge + PI (I) SC Jury + PI (I) (536(2))
Summary Dispositions
Avail. Disp.	Discharge (730) Suspended Sentence (731(1)(a)) Fine (734) Fine + Probation (731(1)(b)) Jail (718.3, 787) Jail + Probation (731(1)(b)) Jail + Fine (734) Conditional Sentence (742.1)
References
Offence Elements Sentence Principles Sentence Digests

Legislation

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 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.

Living on the avails of prostitution of person under eighteen
(2) Despite 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 and to a minimum punishment of imprisonment for a term of two 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 and to a minimum punishment of imprisonment for a term of six months.

(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. 8; 2005, c. 32, s. 10.1.

– CCC

Application

For general principles on sentence for sexual offences, see Sexual Offences

Ancillary Orders

• SOIRA
• DNA

Ranges

Procuring Under-age Prostitutes

• R. v. Johnson, 2008 SKQB 244--9 months--the offender offered the complainant sex in exchange for money and a job--offender was a gas station manager, prior record for interference--occurred over 3 years--video taped sex acts, including mutual masturbation and fellatio--also convicted of making child pornography (3 months)
• R. v. Wasser (2007), 2007 CarswellOnt 4150--offender participated in sex with bondage with a 15 year old, spurred on by an 18 year old pimp--offender was unemployed trained engineer
• R. v. L.D.W., 2007 SKCA 79 - 18 months -- 7 months credit given, offender offers to drive 17 year old victim in exchange for sex
• R. v. S. (G.E.), 2007 MBCA 105 -- 1 year CSO -- offender met complainant through internet, offered a laptop for fellatio
• R. v. Whitefish, 2007 SKCA 79 --18 months--offender offered $40 for sex with adopted step-sister 15 years old--confronted by wife, offender assaults her causing bodily harm
• R. v. Vanoirschot, 2006 SKCA 130 -- 4 months --offender was 61 years old, no record--unsuccessful in trying to purchase sex from 17 year old prostitute
• R. v. Aldea, 2005 SKQB 461-- 12 months --
• R. v. Goohsen, 2000 SKCA 37--4 month CSO--
• R. v. Kim, 2000 BCSC 1506--2.5 years--over a year, the offender picked up young prostitutes under 15, had sex with them and then threatened or assaulted them--paedophelic tendencies--2 years remand credit--also convicted of sexual assault, assault, threats and other offences.
• R. v. Nathoo, 1999 ABCA 60--90 days--undercover officer posed as 17 year old girl
• R. v. Maheu, 1997 CanLII 10356 (QC CA), (1997), 116 C.C.C. (3d) 361 (Que. C.A.)-- 12 months -- teacher invited student to home, leant money and resulted in sexual activity. No remorse.
• R. v. Kowtalo, (1993), 85 Man. R. (2d) 239 (Man. C.A.) -- 60 days -- involved "streetwise" victims, no record.
• R. v. M.A.R., 1990 CanLII 4257 (NS CA)--6 months each--two instances of soliciting sex from boys under 16.