Federal Law Thirteen Flashcards
Definitions:
Reckless:
An indifference to the consequences of your actions or of your omissions
Definitions:
Willful Blindness
Deliberate failure to make a reasonable inquiry of wrongdoing despite suspicion or an awareness of the high probability of its existence
Publication of intimate images without consent
Section 162.1 (1)
Everyone who knowingly
- Publishes
- Distributes
- Transmits
- Sells
- Makes available
- Advertises an intimate imagine
What is an intimate image?
Section 162.1 (2)
Means a visual recording –photographic, film, video recording
- Person is nude, exposing genital organs or anal region or her breasts, or is engaged in explicit sexual activity
- Circumstances that give rise to a reasonable expectation of privacy
- Person depicted retains a reasonable expectation of privacy at the time the recording was done
TIPP Checklist
Publication of intimate images
Threatening
Section 264.1 C.C
- Threats to cause death or bodily harm to any person;
- to burn, destroy or damage real or personal property; OR
- to kill, poison, or injure an animal or bird that is the property of any person
“In any manner” means to convey
- Orally
- In writing
- Gesture
- Or by third party
Knowingly utters, conveys or causes threat to be received
TIPP Checklist
Utter Threats to Cause Death/Bodily Harm
TIPP Checklist
Utter Threats to Damage Property/Injure Animals
Criminal Harassment
Rationale of Law
Criminal Harassment (or stalking) is a serious problem.
Often Involves:
- Obsessive and unpredictable
behavior on the part of the
offender
- Psychological trauma for
victims
- In some cases, victims at risk
of bodily injury or death
Criminal Harassment
Types of Offender/Stalkers
- Differing motivations
- May be obsessive, unpredictable, and potentially violent
- Some may have one several psychiatric disorders
Techniques of harassment may vary with each type of case
Criminal Harassment
Types of Victims:
- The majority of criminal harassment victims are former or current partners of the offender
- However, some victims have had no previous relationship with the offender:
- Celebrities
- Public/Political figures
- Ordinary citizens
Criminal Harassment
Methods of Harassment
- Telephone Calls
- Letters
- Verbal or physical threats
- Surveillance
- Photographing
- Vandalism
- Appearing at the victim’s workplace, school or home
- Emailing/texts/social/media
What Section of the Criminal Code is Criminal Harassment?
Section 264 (1) C.C
Elements of the Offence for Criminal Harassment?
a.) Repeatedly Follow from place to place the other person or anyone known to them
b.) Repeatedly Communicating with, either directly or indirectly, with the other person or anyone know to them
c.) Besetting or Watching the dwelling house, or place where the other person or anyone know to them lives, works, carries on business or happens to be
d.) Engaging in threatening conduct direct towards the other person or any person or member of their family