The act of inviting, counseling, or inciting a minor below 16 years to participate in sexual touching is a serious offence as per Section 152 of the Criminal Code. This section of the Criminal Code aims to protect minors against sexual exploitation and underscores the seriousness of offences against young individuals.
Invitation to Sexual Touching: Criminal Code Definition
According to Section 152 of the Criminal Code, “Every person who, for a sexual purpose, invites, counsels or incites a person under the age of 16 years to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the body of the person 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 14 years and to a minimum punishment of imprisonment for a term of one year; or
(b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of 90 days.”
Facing charges of invitation to sexual touching? Secure the expert guidance and representation of an expert criminal lawyer. Dial (855) 585-1777 now for a complimentary consultation with a criminal defence lawyer.
Penalties and Consequences for Invitation to Sexual Touching
The Crown has the option to treat this charge as summary or indictable. It is an electable hybrid offence thus giving the Crown the flexibility to opt for either a summary conviction or indictment, depending on the case's severity.
- Summary Conviction: Punishable by up to two years less a day imprisonment, with a mandatory minimum of 90 days.
- Indictable Offence: Subject to a maximum of 14 years imprisonment, with a mandatory minimum of one year.
Aggravating Factors
- Relationship between the accused and the victim
- Age of the victim
- Exploitation of trust or authority
Summary and Indictable Dispositions Available for Invitation to Sexual Touching
- Imprisonment
- Imprisonment + Probation
- Imprisonment + Fine
Charged with invitation to sexual touching? A seasoned criminal defence lawyer can formulate a robust defence strategy and safeguard your rights. Call (855) 585-1777 to receive a free consultation with a criminal lawyer today.
Further Consequences for Invitation to Sexual Touching
National DNA Databank and Weapons Restrictions
A conviction can necessitate DNA submission to a national database and enforce a weapons ownership ban. Restrictions on visiting locations frequented by minors are also possible to avert future offences.
National Sex Offender Registry Requirements
Offenders must register with the National Sex Offender Registry as mandated by SOIRA, with at least a 10-year registration period. This includes ongoing monitoring and reporting of personal changes, ensuring law enforcement surveillance.
Potential Defences Against Invitation to Sexual Touching Charges
Defences against an invitation to sexual touching charge include disputing the intent or misunderstanding the minor's age, requiring a nuanced legal approach.
Don’t Navigate Your Invitation to Sexual Touching Charge Alone
Facing an invitation to sexual touching charge requires the expertise of a seasoned criminal defence lawyer to effectively navigate legal complexities, protect your rights, and craft a formidable defence.
Get a Free Legal Consultation With a Criminal Lawyer
Don’t hesitate to contact us if you have been accused of invitation to sexual touching. Call (855) 585-1777 and a skilled criminal defence lawyer will review your case with you and consider your alternatives.