Being accused of an “indecent act” or “indecent exposure” can be overwhelming, with serious legal and personal consequences. These charges, outlined under Section 173 of the Criminal Code, are treated seriously by courts due to their impact on public decency and, in some cases, the protection of minors.
Accused of Indecent Exposure? Speak to a defence lawyer now—call (855) 585-1777 for a free consultation.
Legal Definitions: Indecent Acts & Indecent Exposure
Indecent Act - Section 173(1)
Section 172 (1) of the Criminal Code outline indecent act as: “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.”
Exposure - Section 173(2)
Section 172 (2) of the Criminal Code states: “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.”
What the Crown Must Prove to Secure a Conviction?
For Indecent Acts:
- The accused intentionally committed the act;
- The act was deemed “indecent”;
- It took place in a public setting, or was intended to insult or offend someone.
For Indecent Exposure:
- The accused exposed their genitals;
- The exposure was for a sexual purpose;
- It was directed toward a person under 16;
- The accused knew, or was reckless as to, the person’s age.
Don’t face an indecent act charge alone. Contact our defence team at (855) 585-1777 for immediate assistance.
What Constitutes an Indecent Act?
Canadian courts apply the “community standards of tolerance” test to decide whether conduct is indecent. This involves analyzing whether the act risks harm to society, promotes anti-social behaviour, or undermines personal dignity and autonomy.
Examples of indecent acts include:
- Masturbating in public.
- Flashing or revealing genitals without consent.
- Engaging in sexual behaviour in view of the public.
How is a ‘Public Place’ Defined?
A public place is any space accessible to the public, whether by legal right or invitation. Common examples include parks, streets, malls, and buses. Even private vehicles parked in public spaces may qualify if the act is visible from the outside. The legal test focuses on whether the conduct was likely to offend or disturb unsuspecting bystanders.
Penalties and Consequences of an Indecent Act or Indecent Exposure Conviction
Both offences are classified as “hybrid,” giving the Crown discretion to proceed by indictment or summary conviction based on the severity of the case.
Indecent Act:
- Summary Conviction: Up to 2 years less a day in jail and/or a $5,000 fine.
- Indictable Offence: Up to 2 years in prison.
Indecent Exposure:
- Summary Conviction: Minimum of 30 days, up to 6 months in jail.
- Indictable Offence: Minimum of 90 days, up to 2 years in jail.
Charged with a criminal offence involving public indecency? Call (855) 585-1777 now to protect your future.
Additional Consequences May Include:
- A permanent criminal record.
- Mandatory inclusion on the sex offender registry (for certain convictions).
- Prohibition on possessing firearms.
- Court-imposed limits on attending public spaces or interacting with minors.
Aggravating Factors That Can Increase Penalties
Judges often consider certain aggravating factors when determining sentence severity. These may include:
- Previous convictions for sexual or indecent conduct.
- Involvement of vulnerable victims (e.g., children or individuals with disabilities).
- Abuse of trust or authority (e.g., teacher, coach).
- Acts committed in highly public or sensitive areas.
- Use of recording devices to capture the act.
- Repeated behaviour or violations of bail/probation conditions.
Possible Legal Defences to Indecent Acts or Indecent Exposure Charges
Not all allegations lead to convictions. Depending on the facts, several defences may be available, such as:
- No indecent act occurred: The behaviour may be socially inappropriate but not meet the legal threshold for indecency.
- Lack of intent: For acts committed in private, the Crown must prove an intention to offend or insult.
- No sexual purpose: Nudity alone is not sufficient; exposure must be shown to serve a sexual objective.
- Mistaken belief about age: If the accused had an honest and reasonable belief the individual was 16 or older, it may be a defence.
- Charter violations: If your rights were infringed—such as through an unlawful arrest or search—evidence may be excluded.
An indecent act or indecent exposure conviction can seriously impact your reputation, freedom, and future opportunities. A knowledgeable criminal defence lawyer can review the evidence and build a strong defence, challenge procedural errors or Charter breaches, negotiate with the Crown to reduce or withdraw charges, and seek alternative sentencing options such as discharge, counselling, or probation.
Don’t Face Your an Indecent Act or Indecent Exposure Charge Alone
An experienced criminal defence lawyer is vital when dealing with an indecent act or indecent exposure charges. They can guide you through the legal maze, safeguard your rights, and devise a robust defence strategy specific to your case.
Get a Free Legal Consultation With a Criminal Lawyer
Do not hesitate to contact us if you are facing an indecent act or indecent exposure charges. Call (855) 585-1777 and a skilled criminal defence lawyer will review your case with you and consider your alternatives.