Indecent Acts & Indecent Exposure
Facing charges for an indecent act or indecent exposure can be confusing, embarrassing, and frightening. These offences fall under Section 173 of the Canadian Criminal Code and are taken seriously by the courts due to their implications for public decency and, in some cases, child protection.
Have you been charged with committing an indecent act? Call (306) 994-9522 for a confidential consultation with a criminal defence lawyer.
Indecent Acts & Indecent Exposure: Criminal Code Definition
Indecent Act
Under Section 172 (1) of the Criminal Code, “Everyone who wilfully does an indecent act in a public place in the presence of one or more persons, or in any place with intent to insult or offend any person,
(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than two years; or
(b) is guilty of an offence punishable on summary conviction.”
Indecent Exposure
According to Section 172 (2) of the Criminal Code, “Every person who, in any place, for a sexual purpose, exposes his or her genital organs to a person who is 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 two years and to a minimum punishment of imprisonment for a term of 90 days; or
(b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than six months and to a minimum punishment of imprisonment for a term of 30 days.”
Key Elements the Crown Must Prove
For an Indecent Act
- The accused wilfully committed an indecent act.
- The act occurred either:
- In a public place in front of others, or
- In any place with the intent to insult or offend.
For Indecent Exposure
- The accused exposed their genital organs.
- The exposure was for a sexual purpose.
- The exposure was to a person under 16.
- The accused knew or was reckless about the victim’s age.
Charged with a criminal offence involving indecent exposure? Call (306) 994-9522 now to protect your future.
What Counts as an Indecent Act?
Canadian courts determine whether an act is indecent by applying a community standards of tolerance test, which evaluates whether the conduct causes harm or poses a significant risk to society. This assessment considers factors such as whether the act undermines public autonomy and liberty, encourages anti-social behaviour, or causes psychological or physical harm to individuals involved.
Examples of indecent acts include:
- Public masturbation.
- Flashing or nudity in a non-consensual setting.
- Sexual acts in view of the public.
What is a "public place"?
A public place is broadly defined as any location accessible to the public, whether by right or invitation, including parks, streets, public transit, and shopping centres. Even a vehicle parked in a public area can qualify as a public place if the act inside is visible to others. The key factor is whether the conduct could reasonably offend or intrude upon members of the public who encounter it.
Potential Penalties and Consequences for Indecent Act and Indecent Exposure Offences
Both offences are “hybrid”, meaning the Crown can proceed by summary conviction or indictment depending on the severity and circumstances.
Indecent Act
- Summary Conviction: Up to 2 years less a day imprisonment and/or $5,000 fine
- Indictable Offence: Up to 2 years imprisonment
Indecent Exposure
- Summary Conviction: Minimum 30 days, up to 6 months jail
- Indictable Offence: Minimum 90 days, up to 2 years jail
Worried about an indecent act charge? Get answers fast—call (306) 994-9522 for a confidential consultation.
Additional Consequences
- Permanent criminal record
- Sex offender registration (if convicted of an indictable offence).
- Firearms prohibition.
- Public exposure restrictions.
Aggravating Factors
Courts impose harsher penalties for indecent acts or exposure when certain aggravating factors are present. These include:
- Prior convictions for similar offences
- Victim vulnerability (children, disabled persons)
- Breach of trust (authority figures committing offence)
- High-visibility public locations
- Repeated or prolonged misconduct
- Use of recording devices/technology
- Commission while on bail/probation
Potential Defences Against Indecent Acts and Indecent Exposure Charges
Each case depends on its facts, but common defences include:
- No indecent act occurred: The behaviour may be unusual or offensive to some but not legally indecent.
- No intent to offend or insult: For s.173(1) charges in private settings, the Crown must prove intent.
- No sexual purpose: For exposure charges, mere nudity is not enough—there must be a sexual purpose.
- Belief that person was over 16: If the accused honestly and reasonably believed the person was older, it could be a defence.
- Charter breaches: Unlawful searches, arrests, or rights violations may lead to exclusion of evidence.
Indecency charges carry serious legal consequences. A skilled criminal lawyer can challenge the Crown’s evidence, negotiate for reduced charges or penalties, and argue for alternative sentencing (e.g., discharge or probation).
Have You Been Charged with Committing an Indecent Act or Indecent Exposure?
An experienced criminal defence lawyer is essential when facing an “indecent act” or “indecent exposure” charge. A criminal defence lawyer can help you navigate the complexities of the legal system, protect your rights, and develop a strong defence strategy tailored to your case.
Need a Criminal Defence Lawyer? Get a Free Legal Consultation With Nicholas Robinson, Criminal Defence Lawyer
Don't hesitate to reach out to us if you have been charged with an “indecent act” or “indecent exposure”. Call (306) 994-9522, and a skilled criminal defence lawyer will discuss your case with you and explore your options.
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