What is defined as assault?

Threat of assault

Anyone who knowingly utters, conveys, or causes another person to receive a threat to cause death or bodily harm to someone, to burn, destroy or damage property, or to kill, poison or injure an animal or bird that belongs to someone else is committing an offence.

The punishment for this offence varies depending on the specific threat made and ranges from:

• up to 2 years in prison for causing property damage or harming an animal to

• up to 5 years in prison for threatening bodily harm or death.

Assault

A person commits an assault if they apply force intentionally to another person without their consent, attempt or threaten to apply force, or accost or impede another person while openly carrying a weapon or imitating of a weapon.

The punishment for assault is up to 5 years in prison for indictable offences, such as causing bodily harm or carrying a weapon, or a summary conviction for lesser offences.

There are more severe levels of assault, such as assault with a weapon, causing bodily harm, and aggravated assault.

The punishment for these offences ranges from up to 10 years in prison for assault with a weapon or causing bodily harm to up to 14 years in prison for aggravated assault.

Sexual Assault

The Criminal Code defines sexual assault as any non-consensual sexual contact. Sexual assault is a criminal offence that carries serious penalties.

If found guilty of sexual assault, a person can be punished with imprisonment for a term of up to 10 years, or up to 14 years if the complainant is under the age of 16. In addition, a person found guilty of sexual assault will also be required to serve a minimum sentence of one year in prison, or six months if the complainant is under the age of 16.

Aggravated sexual assault as a sexual assault that results in bodily harm, disfigurement, or endangerment of the life of the complainant.

A person found guilty of aggravated sexual assault can be punished with imprisonment for life.

If a firearm is used during the commission of the offence, the minimum sentence is four years in prison, while if a restricted or prohibited firearm is used, the minimum sentence is five years in prison for a first offence and seven years for a second or subsequent offence.

Canada Criminal Code s.264-278.98