Canadian Criminal Sentencing/Offences/Indecent Act

Indecent Act
s. 173 of the Crim. Code
Election / Plea
Crown ElectionHybrid
JurisdictionProv. Court
SC Judge + PI (I)
SC Jury + PI (I) (536(2))
Summary Dispositions
Maximum6 months jail or $5,000 fine
Indictable Dispositions
Avail. Disp.same as summary
Maximum2 years jail
References
Offence Elements
Sentence Principles
Sentence Digests

Legislation Edit

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 Edit

Ancillary Orders Edit

History Edit

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 Edit

Case Cite Sentence Summary
R. v. P.S. 2008 ONCJ 573 discharge indecent act
R. v. Cadilha 2005 BCSC 1879 6 months
R. v. Clark 2004 BCCA 117 4 mo jail + 3 yr prob