Canadian Criminal Sentencing/Offences/Indecent Act

Legislation Indecent acts 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 and is liable to imprisonment for a term of not more than six months. 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. R.S., 1985, c. C-46, s. 173; R.S., 1985, c. 19 (3rd Supp.), s. 7; 2008, c. 6, s. 54; 2010, c. 17, s. 2; 2012, c. 1, s. 23. CCC Application Ancillary Orders SOIRA Orders DNA Orders History In 2012, s. 173(1) was amended from a straight summary conviction offence to a hybrid offence. Section 173(2) was amended to include the mandatory minimums. Ranges Case Cite Sentence SummaryR. v. P.S. 2008 ONCJ 573 discharge indecent actR. v. Cadilha 2005 BCSC 1879 6 months R. v. Clark 2004 BCCA 117 4 mo jail + 3 yr prob Indecent Act