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Section 98 — Criminal Code: Breaking and entering to steal firearm

Text of the provision Official document

Every person commits an offence who breaks and enters a place with intent to steal a firearm located in it; breaks and enters a place and steals a firearm located in it; or breaks out of a place after stealing a firearm located in it, or entering the place with intent to steal a firearm located in it. In this section, break has the same meaning as in section 321, and place means any building or structure —

or part of one — and any motor vehicle, vessel, aircraft, railway vehicle, container or trailer. For the purposes of this section, a person enters as soon as any part of his or her body or any part of an instrument that he or she uses is within any thing that is being entered; and a person is deemed to have broken and entered if he or she obtained entrance by a threat or an artifice or by collusion with a person within, or entered without lawful justification or excuse by a permanent or temporary opening. Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for life.

Official source: laws-lois.justice.gc.ca

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Statutory text from an official public source. Informational content — does not replace advice from a qualified lawyer.