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Subject:
When was adultery repealed from the Criminal Code of Canada?
Category: Relationships and Society > Law Asked by: grthumongous-ga List Price: $10.00 |
Posted:
10 May 2005 12:19 PDT
Expires: 09 Jun 2005 12:19 PDT Question ID: 520079 |
Was adultery ever a Criminal offense in Canada (since 1867)? I don't know if it ever was in Canada. Apparently it is an offense, in 2005, in North Carolina. http://www.cbsnews.com/stories/2005/05/10/national/main694117.shtml And that got me thinking. Someone once told me that Frank Sinatra got popped for adultery. When/what year was adultery repealed from the Criminal Code of Canada? You can feel free to limit the scope of your answer to adultery and not stray into fornication or co-habitation. | |
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Subject:
Re: When was adultery repealed from the Criminal Code of Canada?
Answered By: pinkfreud-ga on 10 May 2005 13:33 PDT Rated: ![]() |
Thank you for accepting my findings as your answer. As I mentioned above, adultery was, until 1985, a violation of Canadian law if committed "in the home of a child": "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. (2) [Repealed, R.S., 1985, c. 19 (3rd Supp.), s. 6]" Criminal Code of Canada http://www.tamerlane.ca/library/leg_can/cc_pfa.htm Here is an interesting article about adultery laws in the United States: Findlaw's Legal Commentary: Punishing Adultery in Virginia http://writ.news.findlaw.com/grossman/20031216.html In the United States, adultery between civilians is not typically dealt with at the federal level. But there are notable exceptions. I came across this rather astonishing fact on an educational site from my home state, Oklahoma: "Adultery is a crime under the laws of the United States when committed on an Indian reservation. Goodson v. U. S., 7 Okla., 117; 54 Pac., 423. " INDIAN AFFAIRS: LAWS AND TREATIES http://digital.library.okstate.edu/kappler/Vol3/HTML_files/CYC0719C.html My Google search strategy: Google Web Search: canada OR canadian adultery law OR crime OR criminal ://www.google.com/search?hl=en&q=canada+OR+canadian+adultery+law+OR+crime+OR+criminal Best regards, Pink |
grthumongous-ga
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Subject:
Re: When was adultery repealed from the Criminal Code of Canada?
From: pinkfreud-ga on 10 May 2005 13:05 PDT |
It appears that adultery was, until 1985, a violation of Canadian law if committed "in the home of a child": "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. (2) [Repealed, R.S., 1985, c. 19 (3rd Supp.), s. 6]" Criminal Code of Canada http://www.tamerlane.ca/library/leg_can/cc_pfa.htm This is the only evidence I've found which indicates that adultery was, under certain circumstances, a crime in Canada. |
Subject:
Re: When was adultery repealed from the Criminal Code of Canada?
From: reinedd-ga on 10 May 2005 18:42 PDT |
http://www.thesmokinggun.com/mugshots/sinatramug1.html |
Subject:
Re: When was adultery repealed from the Criminal Code of Canada?
From: reinedd-ga on 10 May 2005 18:58 PDT |
The canadian web site was updated in August 31, 2004 and the article look the same http://laws.justice.gc.ca/en/c-46/42339.html |
Subject:
Re: When was adultery repealed from the Criminal Code of Canada?
From: cybershoe-ga on 16 May 2005 06:44 PDT |
It appears that pinkfreud has mis-read the statutes. Subsection 172(1) is still in force. It is Subsection 172(2) that was repealed. Of note is Subsection 172(4), which reads as follows: "(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." Which essentially means that this section is only invoked when CAS or another agency has already taken an interest in the involved child, or the circumstances are otherwise egregious enough to get permission from the AG to prosecute. If you're just banging the neighbours wife on the side, you shouldn't have too much to worry about. IANAL. |
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