Indecent Act Charges under Section 173 (1) of the Criminal Code of Canada

Section 173 (1) of the Criminal Code of Canada addresses indecent acts. It targets individuals who wilfully engage in inappropriate conduct in public places. Such acts often include engaging in sexual activity, masturbating, or exposing their genitals.

This legislation specifies that an indecent act must occur in a public place in the presence of one or more persons, or in any place with the intent to insult or offend any person. Public places can include parks, swimming pools, recreation centres, beaches, hiking trails, and community centres. Common areas of apartment buildings, condominiums, public transit, school grounds, parking lots, theatres, concerts, and sporting events are also covered.

Anyone found guilty of such an offence can face severe penalties. If charged with an indictable offence, the individual could be imprisoned for up to two years. Alternatively, the offence can be punishable on summary conviction.

 

Additional Related Charges

In many instances, the accused may face additional charges such as indecent exposure, mischief, or voyeurism. Each of these charges carries its own penalties, further complicating the legal situation for the accused. These additional charges can lead to longer sentences and more severe consequences.

 

Sentencing and Penalties

Sentencing for indecent acts can vary:

  • First-time offenders often receive jail time followed by probation.
  • Repeat offenders can expect harsher sentences and longer jail terms.

 

Minimum and Maximum Penalties

The penalties for committing an indecent act also depend heavily on whether the case is treated as a summary offence or an indictable offence:

  • Summary Offence: This is a less severe type of offence with usually a maximum penalty of six months imprisonment or a fine.
  • Indictable Offence: This is more serious, with tougher penalties that can include several years in prison.

 

Hybrid Offences and the Crown’s Role

Indecent acts are often treated as hybrid offences, meaning they can be prosecuted as either summary or indictable offences. The Crown Attorney has the power to decide (crown election) based on the circumstances of the case. This decision impacts the potential penalties and the process of the trial.

 

Summary Dispositions and Provincial Court

Some cases might be resolved through summary dispositions in provincial court, especially if the offence is minor and it’s the defendant’s first violation. This process can sometimes result in lighter sentences and faster resolution.

 

Probation and Fines

Besides imprisonment, the accused might also face probation periods, where they have to meet certain conditions set by the court. Additionally, fines can be imposed as another form of punishment. Failing to comply with probation conditions can lead to further legal action and additional penalties.

Section 173 (2) Indecent Exposure Charges

Indecent exposure under Section 173 (2) is also a serious offence in Canada. This law targets any individual who, with a sexual intent, exposes their genitals to a person below the age of 16. If convicted, such offences result in strict penalties and long-term consequences.

Penalties

  1. Indictable Offence:
    • Maximum Jail Term: 2 years
    • Minimum Jail Term: 90 days
  2. Summary Conviction:
    • Maximum Jail Term: 6 months
    • Minimum Jail Term: 30 days

 

Additional Consequences

Conviction for indecent exposure can also result in:

  • Permanent Criminal Record: Cannot be expunged or pardoned.
  • Sex Offender Registration: Listed under SOIRA; all law enforcement in Canada and the USA can access this list.
  • Lifetime Restrictions: Limits on various aspects of life, as laid out in Section 161 (1) below.

 

Lifetime Restrictions as per Section 161 (1)

An offender may be prohibited from:

  • Public Spaces:
    • Public Parks and Swimming Areas: Any place where children under 16 might be present.
    • Daycare Centres, Schools, Playgrounds, Community Centres
  • Geographical Limits:
    • Residential Restrictions: Staying within a certain distance (e.g., two kilometres) from the victim’s home or any other designated place.
  • Employment and Volunteering:
    • Position of Trust: Engaging in work or volunteer activities that put them in a position of trust or authority over children under 16.
  • Contact with Minors:
    • Communication Restrictions: Prohibits any form of contact with individuals under 16 unless supervised by an approved person.
  • Internet Use:
    • Digital Restrictions: Limits on using the Internet or other digital networks unless under conditions set by the court.

Frequently Asked Questions

In Canada, an indecent act is defined as an action that offends public decency. This includes behaving in a way that is deemed inappropriate or offensive by societal standards. Some examples include public nudity, lewd behaviour, or performing a sexual act in a public space.

Penalties for indecent exposure can range from fines to imprisonment. The severity depends on the specifics of the case, including the location and the presence of witnesses.

If the act involves a minor, the penalties are much stricter. Convictions can lead to longer prison sentences and mandatory registration as a sex offender.

Indecent exposure specifically involves the display of one’s private parts in public. An indecent act, on the other hand, can cover a broader range of offensive behaviours, not just nudity. For example, engaging in consensual sexual intercourse in public would be considered an indecent act.