Criminal Lawyers - INTERNET OFFENCES

Section 265 (1) A person commits an assault when  (a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;  (b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or  (c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.

Aggravated assault  268 (1) Every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant.

Assaulting a peace officer  270 (1) Every one commits an offence who  (a) assaults a public officer or peace officer engaged in the execution of his duty or a person acting in aid of such an officer;  (b) assaults a person with intent to resist or prevent the lawful arrest or detention of himself or another person; or  (c) assaults a person  (i) who is engaged in the lawful execution of a process against lands or goods or in making a lawful distress or seizure, or  (ii) with intent to rescue anything taken under lawful process, distress or seizure.

Assaulting peace officer with weapon or causing bodily harm  270.01 (1) Everyone commits an offence who, in committing an assault referred to in section 270,  (a) carries, uses or threatens to use a weapon or an imitation of one; or  (b) causes bodily harm to the complainant.

Aggravated assault of peace officer  270.02 Everyone who, in committing an assault referred to in section 270, wounds, maims, disfigures or endangers the life of the complainant is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.

Sexual assault  271 Everyone who commits a sexual assault is guilty of  (a) an indictable offence and is liable to imprisonment for a term of not more than 10 years or, if the complainant is under the age of 16 years, to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or  (b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months or, if the complainant is under the age of 16 years, to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.

Sexual assault with a weapon, threats to a third party or causing bodily harm  272 (1) Every person commits an offence who, in committing a sexual assault,  (a) carries, uses or threatens to use a weapon or an imitation of a weapon;  (b) threatens to cause bodily harm to a person other than the complainant;  (c) causes bodily harm to the complainant;  (c.1) chokes, suffocates or strangles the complainant; or  (d) is a party to the offence with any other person.

Aggravated sexual assault  273 (1) Every one commits an aggravated sexual assault who, in committing a sexual assault, wounds, maims, disfigures or endangers the life of the complainant.  Marginal note: Aggravated sexual assault  (2) Every person who commits an aggravated sexual assault is guilty of an indictable offence and liable  (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of  (i) in the case of a first offence, five years, and  (ii) in the case of a second or subsequent offence, seven years;  (a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and  (a.2) if the complainant is under the age of 16 years, to imprisonment for life and to a minimum punishment of imprisonment for a term of five years; and  (b) in any other case, to imprisonment for life.

Meaning of consent  273.1 (1) Subject to subsection (2) and subsection 265(3), consent means, for the purposes of sections 271, 272 and 273, the voluntary agreement of the complainant to engage in the sexual activity in question.  Marginal note: Consent  (1.1) Consent must be present at the time the sexual activity in question takes place.

Removal of child from Canada  273.3 (1) No person shall do anything for the purpose of removing from Canada a person who is ordinarily resident in Canada and who is  (a) under the age of 16 years, with the intention that an act be committed outside Canada that if it were committed in Canada would be an offence against section 151 or 152 or subsection 160(3) or 173(2) in respect of that person;  (b) 16 years of age or more but under the age of eighteen years, with the intention that an act be committed outside Canada that if it were committed in Canada would be an offence against section 153 in respect of that person;  (c) under the age of 18 years, with the intention that an act be committed outside Canada that if it were committed in Canada would be an offence against section 155, subsection 160(2) or section 170, 171, 267, 268, 269, 271, 272, 273 or 320.102 in respect of that person; or  (d) under the age of 18 years, with the intention that an act be committed outside Canada that, if it were committed in Canada, would be an offence against section 293.1 in respect of that person or under the age of 16 years, with the intention that an act be committed outside Canada that, if it were committed in Canada, would be an offence against section 293.2 in respect of that person.

Admissibility — accused in possession of records relating to complainant  278.92 (1) Except in accordance with this section, no record relating to a complainant that is in the possession or control of the accused — and which the accused intends to adduce — shall be admitted in evidence in any proceedings in respect of any of the following offences or in any proceedings in respect of two or more offences at least one of which is any of the following offences:  (a) an offence under section 151, 152, 153, 153.1, 155, 160, 170, 171, 172, 173, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 286.1, 286.2 or 286.3; or  (b) any offence under this Act, as it read from time to time before the day on which this paragraph comes into force, if the conduct alleged would be an offence referred to in paragraph (a) if it occurred on or after that day.

Kidnapping  279 (1) Every person commits an offence who kidnaps a person with intent  (a) to cause the person to be confined or imprisoned against the person’s will;  (b) to cause the person to be unlawfully sent or transported out of Canada against the person’s will; or  (c) to hold the person for ransom or to service against the person’s will.

Forcible confinement  (2) Every one who, without lawful authority, confines, imprisons or forcibly seizes another person is guilty of  (a) an indictable offence and liable to imprisonment for a term not exceeding ten years; or  (b) an offence punishable on summary conviction.

Trafficking in persons  279.01 (1) Every person who recruits, transports, transfers, receives, holds, conceals or harbours a person, or exercises control, direction or influence over the movements of a person, for the purpose of exploiting them or facilitating their exploitation is guilty of an indictable offence and liable  (a) to imprisonment for life and to a minimum punishment of imprisonment for a term of five years if they kidnap, commit an aggravated assault or aggravated sexual assault against, or cause death to, the victim during the commission of the offence; or  (b) to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of four years in any other case.

Abduction of person under age of 16  280 (1) Every person who, without lawful authority, takes or causes to be taken a person under the age of 16 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  (a) an indictable offence and liable to imprisonment for a term of not more than five years; or  (b) an offence punishable on summary conviction.

Forced marriage  293.1 Every person who celebrates, aids or participates in a marriage rite or ceremony knowing that one of the persons being married is marrying against their will is guilty of  (a) an indictable offence and liable to imprisonment for a term of not more than five years; or  (b) an offence punishable on summary conviction.

Hate Propaganda Marginal note: Advocating genocide  318 (1) Every person who advocates or promotes genocide is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.  Marginal note: Definition of genocide  (2) In this section, genocide means any of the following acts committed with intent to destroy in whole or in part any identifiable group, namely,  (a) killing members of the group; or  (b) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction.

Public incitement of hatred  319 (1) Every one who, by communicating statements in any public place, incites hatred against any identifiable group where such incitement is likely to lead to a breach of the peace is guilty of  (a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or  (b) an offence punishable on summary conviction.  Marginal note: Wilful promotion of hatred  (2) Every one who, by communicating statements, other than in private conversation, wilfully promotes hatred against any identifiable group is guilty of  (a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or  (b) an offence punishable on summary conviction.

Sexual Offences, Public Morals and Disorderly Conduct:

Sexual interference  151 Every person who, for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of a person under the age of 16 years  (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or  (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of 90 days.

Invitation to sexual touching  152 Every person who, for a sexual purpose, invites, counsels or incites a person under the age of 16 years to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the body of the person under the age of 16 years,  (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or  (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of 90 days.

Publication, etc., of an intimate image without consent  162.1 (1) Everyone who knowingly publishes, distributes, transmits, sells, makes available or advertises an intimate image of a person knowing that the person depicted in the image did not give their consent to that conduct, or being reckless as to whether or not that person gave their consent to that conduct, is guilty  (a) of an indictable offence and liable to imprisonment for a term of not more than five years; or  (b) of an offence punishable on summary conviction.

Definition of child pornography  163.1 (1) In this section, child pornography means  (a) a photographic, film, video or other visual representation, whether or not it was made by electronic or mechanical means,  (i) that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or  (ii) the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years;  (b) any written material, visual representation or audio recording that advocates or counsels sexual activity with a person under the age of eighteen years that would be an offence under this Act;  (c) any written material whose dominant characteristic is the description, for a sexual purpose, of sexual activity with a person under the age of eighteen years that would be an offence under this Act; or  (d) any audio recording that has as its dominant characteristic the description, presentation or representation, for a sexual purpose, of sexual activity with a person under the age of eighteen years that would be an offence under this Act.  Marginal note: Making child pornography  (2) Every person who makes, prints, publishes or possesses for the purpose of publication any child pornography is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year.  Marginal note: Distribution, etc. of child pornography  (3) Every person who transmits, makes available, distributes, sells, advertises, imports, exports or possesses for the purpose of transmission, making available, distribution, sale, advertising or exportation any child pornography is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year.  Marginal note: Possession of child pornography  (4) Every person who possesses any child pornography is guilty of  (a) an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or  (b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.  Marginal note: Accessing child pornography  (4.1) Every person who accesses any child pornography is guilty of  (a) an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or  (b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.

Theft  322 (1) Every one commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his use or to the use of another person, anything, whether animate or inanimate, with intent  (a) to deprive, temporarily or absolutely, the owner of it, or a person who has a special property or interest in it, of the thing or of his property or interest in it;  (b) to pledge it or deposit it as security;  (c) to part with it under a condition with respect to its return that the person who parts with it may be unable to perform; or  (d) to deal with it in such a manner that it cannot be restored in the condition in which it was at the time it was taken or converted.

Robbery  343 Every one commits robbery who  (a) steals, and for the purpose of extorting whatever is stolen or to prevent or overcome resistance to the stealing, uses violence or threats of violence to a person or property;  (b) steals from any person and, at the time he steals or immediately before or immediately thereafter, wounds, beats, strikes or uses any personal violence to that person;  (c) assaults any person with intent to steal from him; or  (d) steals from any person while armed with an offensive weapon or imitation thereof.

Extortion  346 (1) Every one commits extortion who, without reasonable justification or excuse and with intent to obtain anything, by threats, accusations, menaces or violence induces or attempts to induce any person, whether or not he is the person threatened, accused or menaced or to whom violence is shown, to do anything or cause anything to be done.

Breaking and entering with intent, committing offence or breaking out  348 (1) Every one who  (a) breaks and enters a place with intent to commit an indictable offence therein,  (b) breaks and enters a place and commits an indictable offence therein, or  (c) breaks out of a place after  (i) committing an indictable offence therein, or  (ii) entering the place with intent to commit an indictable offence therein.

Being unlawfully in dwelling-house  349 (1) Every person who, without lawful excuse, enters or is in a dwelling-house with intent to commit an indictable offence in it is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or of an offence punishable on summary conviction.

Possession of property obtained by crime  354 (1) Every one commits an offence who has in his possession any property or thing or any proceeds of any property or thing knowing that all or part of the property or thing or of the proceeds was obtained by or derived directly or indirectly from  (a) the commission in Canada of an offence punishable by indictment; or  (b) an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment.

Theft from mail  356 (1) Everyone commits an offence who  (a) steals  (i) anything sent by post, after it is deposited at a post office and before it is delivered, or after it is delivered but before it is in the possession of the addressee or of a person who may reasonably be considered to be authorized by the addressee to receive mail,  (ii) a bag, sack or other container or covering in which mail is conveyed, whether or not it contains mail, or  (iii) a key suited to a lock adopted for use by the Canada Post Corporation

Forgery  366 (1) Every one commits forgery who makes a false document, knowing it to be false, with intent  (a) that it should in any way be used or acted on as genuine, to the prejudice of any one whether within Canada or not; or  (b) that a person should be induced, by the belief that it is genuine, to do or to refrain from doing anything, whether within Canada or not.

Making false document  (2) Making a false document includes  (a) altering a genuine document in any material part;  (b) making a material addition to a genuine document or adding to it a false date, attestation, seal or other thing that is material; or  (c) making a material alteration in a genuine document by erasure, obliteration, removal or in any other way.

Fraud  380 (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,  (a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or  (b) is guilty  (i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or  (ii) of an offence punishable on summary conviction,  where the value of the subject-matter of the offence does not exceed five thousand dollars.

Fraudulent sale of real property  387 Every person who, knowing of an unregistered prior sale or of an existing unregistered grant, mortgage, hypothec, lien or encumbrance of or on real property, fraudulently sells the property or any part of it is guilty of  (a) an indictable offence and liable to imprisonment for a term of not more than two years; or  (b) an offence punishable on summary conviction.

Falsification of Books and Documents Marginal note :Books and documents  397 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, with intent to defraud,  (a) destroys, mutilates, alters, falsifies or makes a false entry in a book, paper, writing, valuable security or document, or  (b) omits a material particular from, or alters a material particular in, a book, paper, writing, valuable security or document.

Identity theft  402.2 (1) Every person commits an offence who obtains or possesses another person’s identity information with intent to use it to commit an indictable offence that includes fraud, deceit or falsehood as an element of the offence.

Identity fraud  403 (1) Everyone commits an offence who fraudulently personates another person, living or dead,  (a) with intent to gain advantage for themselves or another person;  (b) with intent to obtain any property or an interest in any property;  (c) with intent to cause disadvantage to the person being personated or another person; or  (d) with intent to avoid arrest or prosecution or to obstruct, pervert or defeat the course of justice.

Intimidation of a justice system participant or a journalist  423.1 (1) No person shall, without lawful authority, engage in any conduct with the intent to provoke a state of fear in  (a) a group of persons or the general public in order to impede the administration of criminal justice;  (b) a justice system participant in order to impede him or her in the performance of his or her duties; or  (c) a journalist in order to impede him or her in the transmission to the public of information in relation to a criminal organization.

Mischief  430 (1) Every one commits mischief who wilfully  (a) destroys or damages property;  (b) renders property dangerous, useless, inoperative or ineffective;  (c) obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or  (d) obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property.

Mischief relating to religious property, educational institutions, etc.  (4.1) Everyone who commits mischief in relation to property described in any of paragraphs (4.101)(a) to (d), if the commission of the mischief is motivated by bias, prejudice or hate based on colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression or mental or physical disability,  (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or  (b) is guilty of an offence punishable on summary conviction.

Arson — disregard for human life  433 Every person who intentionally or recklessly causes damage by fire or explosion to property, whether or not that person owns the property, is guilty of an indictable offence and liable to imprisonment for life where  (a) the person knows that or is reckless with respect to whether the property is inhabited or occupied; or  (b) the fire or explosion causes bodily harm to another person.

Injuring or endangering other animals  445 (1) Every one commits an offence who, wilfully and without lawful excuse,  (a) kills, maims, wounds, poisons or injures dogs, birds or animals that are kept for a lawful purpose; or  (b) places poison in such a position that it may easily be consumed by dogs, birds or animals that are kept for a lawful purpose.

Possession of weapon for dangerous purpose  88 (1) Every person commits an offence who carries or possesses a weapon, an imitation of a weapon, a prohibited device or any ammunition or prohibited ammunition for a purpose dangerous to the public peace or for the purpose of committing an offence.

Carrying concealed weapon  90 (1) Every person commits an offence who carries a weapon, a prohibited device or any prohibited ammunition concealed, unless the person is authorized under the Firearms Act to carry it concealed.

Unauthorized possession of firearm  91 (1) Subject to subsection (4), every person commits an offence who possesses a prohibited firearm, a restricted firearm or a non-restricted firearm without being the holder of  (a) a licence under which the person may possess it; and  (b) in the case of a prohibited firearm or a restricted firearm, a registration certificate for it.

Possession of prohibited weapon, device or ammunition knowing its possession is unauthorized  (2) Subject to subsection (4), every person commits an offence who possesses a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition knowing that the person is not the holder of a licence under which the person may possess it.  Marginal note: Punishment  (3) Every person who commits an offence under subsection (1) or (2) is guilty of an indictable offence and liable  (a) in the case of a first offence, to imprisonment for a term not exceeding ten years;  (b) in the case of a second offence, to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; and  (c) in the case of a third or subsequent offence, to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of two years less a day.

Unauthorized possession in motor vehicle  94 (1) Subject to subsections (3) and (4), every person commits an offence who is an occupant of a motor vehicle in which the person knows there is a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition...

Possession of prohibited or restricted firearm with ammunition  95 (1) Subject to subsection (3), every person commits an offence who, in any place, possesses a loaded prohibited firearm or restricted firearm, or an unloaded prohibited firearm or restricted firearm together with readily accessible ammunition that is capable of being discharged in the firearm, without being the holder of  (a) an authorization or a licence under which the person may possess the firearm in that place; and  (b) the registration certificate for the firearm.

Breaking and entering to steal firearm  98 (1) Every person commits an offence who  (a) breaks and enters a place with intent to steal a firearm located in it;  (b) breaks and enters a place and steals a firearm located in it; or  (c) breaks out of a place after  (i) stealing a firearm located in it, or  (ii) entering the place with intent to steal a firearm located in it.

Weapons trafficking  99 (1) Every person commits an offence who  (a) manufactures or transfers, whether or not for consideration, or  (b) offers to do anything referred to in paragraph (a) in respect of  a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition knowing that the person is not authorized to do so under the Firearms Act or any other Act of Parliament or any regulations made under any Act of Parliament.

Importing or exporting knowing it is unauthorized  103 (1) Every person commits an offence who imports or exports  (a) a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition, or  (b) any component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm,  knowing that the person is not authorized to do so under the Firearms Act or any other Act of Parliament or any regulations made under an Act of Parliament.

Operation while impaired  320.14 (1) Everyone commits an offence who  (a) operates a conveyance while the person’s ability to operate it is impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug;  (b) subject to subsection (5), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration that is equal to or exceeds 80 mg of alcohol in 100 mL of blood;  (c) subject to subsection (6), has, within two hours after ceasing to operate a conveyance, a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation; or  (d) subject to subsection (7), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration and a blood drug concentration that is equal to or exceeds the blood alcohol concentration and the blood drug concentration for the drug that are prescribed by regulation for instances where alcohol and that drug are combined.  Marginal note: Operation causing bodily harm  (2) Everyone commits an offence who commits an offence under subsection (1) and who, while operating the conveyance, causes bodily harm to another person.  Marginal note: Operation causing death  (3) Everyone commits an offence who commits an offence under subsection (1) and who, while operating the conveyance, causes the death of another person.

Failure or refusal to comply with demand  320.15 (1) Everyone commits an offence who, knowing that a demand has been made, fails or refuses to comply, without reasonable excuse, with a demand made under section 320.27 or 320.28.

Failure to stop after accident  320.16 (1) Everyone commits an offence who operates a conveyance and who at the time of operating the conveyance knows that, or is reckless as to whether, the conveyance has been involved in an accident with a person or another conveyance and who fails, without reasonable excuse, to stop the conveyance, give their name and address and, if any person has been injured or appears to require assistance, offer assistance.

Operation while prohibited  320.18 (1) Everyone commits an offence who operates a conveyance while prohibited from doing so  (a) by an order made under this Act; or  (b) by any other form of legal restriction imposed under any other Act of Parliament or under provincial law in respect of a conviction under this Act or a discharge under section 730.

Summary conviction  (2) Everyone who commits an offence under subsection 320.14(4) is liable on summary conviction to a fine of not more than $1,000.  Marginal note: Minimum fines for high blood alcohol concentrations  (3) Despite subparagraphs (1)(a)(i) and (b)(i), every person who commits an offence under paragraph 320.14(1)(b) is liable, for a first offence, to  (a) a fine of not less than $1,500, if the person’s blood alcohol concentration is equal to or exceeds 120 mg of alcohol in 100 mL of blood but is less than 160 mg of alcohol in 100 mL of blood; and  (b) a fine of not less than $2,000, if the person’s blood alcohol concentration is equal to or exceeds 160 mg of alcohol in 100 mL of blood.  Marginal note: Minimum fine — subsection 320.15(1)  (4) Despite subparagraphs (1)(a)(i) and (b)(i), every person who commits an offence under subsection 320.15(1) is liable, for a first offence, to a fine of not less than $2,000.  Marginal note: Punishment — dangerous operation and other offences  (5) Every person who commits an offence under subsection 320.13(1) or 320.16(1), section 320.17 or subsection 320.18(1) is guilty of  (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or  (b) an offence punishable on summary conviction.

Dangerous operation  320.13 (1) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public.  Marginal note: Operation causing bodily harm  (2) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public and, as a result, causes bodily harm to another person.  Marginal note: Operation causing death  (3) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public and, as a result, causes the death of another person.