Indecent exposure and other indecent acts in Canada involve behaviours that violate societal norms of decency. Understanding these offences, their definitions, and potential penalties is crucial for those facing related charges.
The latest “ Incident-based crime statistics ” from Statistics Canada reports that Ontario police investigated 1,574 “indecent acts” and charged 321 persons for the offence in 2022. Indecent acts fall under the purview of Section 173 of the Criminal Code and include the offence of indecent exposure. We also believe the statistics reporting must cover Section 174’s prohibition against public nudity and Section 175’s causing disturbance, indecent exhibition, loitering, etc.” because they also violate societal norms of decency.
Given that these offences are listed under the “Sexual Offences, Public Morals and Disorderly Conduct” section of the Code, the Greater Toronto Area sexual assault defence lawyers of Mass Tsang believe our readers might want some clarity on public indecency laws in Canada. In particular, you might want clarity on indecent exposure, as a conviction carries significant penalties and mandatory minimum sentences.
Canada’s Criminal Code does not provide a concise public indecency definition, but indecent acts generally involve behaviours performed in public that violate societal norms of decency. A public indecency charge must be premised on an intent by the offender to offend, insult or disturb others and the behaviours were conducted in a public setting. Some indecent acts examples include public sexual activity, public masturbation, and exposing one’s genitals to others.
According to Section 173(1) of the Criminal Code , indecent acts are defined as anyone “who willfully 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.” When charged as an indictable or summary conviction offence, an indecent act charge carries a maximum penalty of two years in prison. The Crown charges most indecent act cases as a summary conviction offence, and convictions are usually punished with a public indecency fine.
While technically not an “indecent act” within the context of public indecency meaning, public nudity absent the intent to disturb, insult, or offend is also illegal under Section 174(1) of the Code. Anyone “without lawful purpose,” who is nude “in a public place” or “nude and exposed to public view while on private property” can be charged with this offence. The Code defines such nudity as “being clad as to offend against public decency or order.”
A conviction does not require the Crown to prove any intent to disturb or offend others; however, charges cannot be laid without the attorney general’s consent. This provision is included to ensure that cases of public nudity are only prosecuted if they are in the public interest. Few are, and public nudity charges are rarely prosecuted.
Public nudity is strictly a summary conviction offence, with a maximum fine of $5,000 or two years imprisonment. Note that in some provinces, including Ontario, courts have deemed that females exposing their breasts do not fall under the purview of indecent acts or public nudity.
Q: What is the difference between indecent exposure and other indecent acts in Canada?
A: Indecent acts involve public behaviour violating societal norms, such as public sexual activity. Indecent exposure specifically involves exposing genitals to minors under 16 for a sexual purpose, carrying stricter penalties, including mandatory prison terms and sex offender registry requirements.
Indecent exposure is a more severe form of indecent acts because it involves minors. While an indecent exposure conviction carries the same maximum punishment as an indecent act, it also comes with a mandatory minimum prison sentence and other harsh consequences.
The indecent exposure definition under Section 173(2) of the Code says the offence is committed when anyone, in any place, exposes their genitals to a person under the age of 16 for a sexual purpose. A conviction carries a maximum two-year prison sentence when charged as either an indictable or summary conviction offence. Those convicted of an indictable offence face a mandatory 90-day prison term, while those charged under summary conviction face a mandatory minimum of 30 days.
Because indecent exposure is considered a sex crime against minors, judges typically impose restrictions on those convicted. These can include:
Those convicted are also subject to mandatory registration and reporting requirements of the national sex offender registry . This is perhaps the harshest component of punishment, as offenders are listed on the registry for life and must comply with reporting requirements for a minimum 10 years. As part of registration, offenders must provide police with over 80 pieces of personal information, update this info annually, and promptly inform them about any changes in address and travel plans. Non-compliance with the registry’s requirements can subject offenders to fines of up to $10,000 and/or a maximum two-year prison term.
If you’re facing any indecent act-related charges and, in particular, indecent exposure, seek the services of an experienced sexual assault criminal lawyer to strategize an effective defence. A skilled defence lawyer will seek out flaws in the Crown’s case and strive to raise doubts about intent, whether the act was truly public, and what witnesses may have observed. With a lower burden of proof needed for an indecent exposure conviction, a common defence is to challenge whether exposure was predicated on a sexual purpose. Potential Charter rights violations or procedural mistakes can also provide openings for your lawyer to raise a successful challenge.
The Greater Toronto Area sexual assault defence lawyers of Mass Tsang have successfully defended 100s of clients for their sex crime-related charges, including indecent exposure and other public indecency acts. To secure an effective defence against your charges, contact the legal experts at Mass Tsang.
