Indecent Acts/Indecent Exposure
The language of the Criminal Code regarding what qualifies as an indecent act is broad
and somewhat ambiguous. Typically, law enforcement employs it to press charges against
individuals involved in sexual activity, masturbation, the exposure of genitals, and similar
acts in public places. While the majority of charges laid in Ontario pertain to sexual
incidents, the law does not explicitly demand such a connection.
The offence of an “Indecent Act” is found in the “Disorderly Conduct, Indecent Acts”
division of the Criminal Code under Section 173 (1), which reads:
- 173 (1) 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.
Streaking, flashing, mooning, and in general displaying one's genitals are often considered
by the police in Ontario to constitute indecent exposure. If the indecent exposure involves
any individuals under the age of 16 the accused will be charged with the specific offence
of “Exposure” under s. 173 (2).
The Criminal Code defines Exposure as a form of an Indecent Act involving a minor
in Section 173 (2), which reads:
Exposure
(2) 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.
Exposure is classified as a child sexual offence in Canada. Not only must the court
sentence those found guilty to serve time in jail the offender will receive a criminal
conviction record that can never be pardoned/expunged as a records suspension is not
available to child sex offenders. Section 490.012 of the Criminal Code also gives the court
the power to place those found guilty on the sex offender registration list via Sexual
Offender Information Registration Act aka SOIRA.
For more information on Indecent Acts or Indecent Exposure charges, contact us now.
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