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Criminal Code

s. 271 Sexual Assault

Sexual assault

  • Sexual Offences
  • Sexual Offences
Maximum sentence
10 years (14 years if victim under 16)
Classification
Hybrid

Last verified: June 2026 · Source: laws-lois.justice.gc.ca

The law says

Criminal Code s. 271
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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 two years less a day 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.
Amendment History (6)
  • R.S., 1985, c. C-46, s. 271
  • R.S., 1985, c. 19 (3rd Supp.), s. 10
  • 1994, c. 44, s. 19
  • 2012, c. 1, s. 25
  • 2015, c. 23, s. 14
  • 2026, c. 19, s. 29

Justice Laws is the authoritative version. If this copy and it ever differ, Justice Laws wins.

Immigration

Where this offence sits under IRPA

Sexual assault is hybrid. With a top sentence of 10 years, a conviction is treated as serious criminality under IRPA s.36(1). The immigration effects are severe, and the CBSA looks closely at these convictions.

This is how the law sorts the offence, not a reading of any one record. An officer decides each case.

IRPA sections involved