Indecent exposure involving children offends public sensibilities

Criminal Law /
Céline Dostaler
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By LegalMatters Staff • If someone deliberately exposes their genitals or nipples to someone under the age of 16 for a sexual purpose they could be charged with indecent exposure.

The setting for this crime can be in public parks, changerooms or anywhere children can be found.

A related charge involves committing an indecent act. It must be in a public place and in the presence of one or more people, with the intention of insulting or offending others.

“There is no standard definition of what is an indecent act, which leaves it open for interpretation by police and the court,” says Ottawa criminal lawyer Céline Dostaler.

“Examples of indecent acts include public nudity, lewd gestures or acts and sexual conduct in public,” she says. “Such acts offend public sensibilities and can create a hostile atmosphere that is not conducive to public peace and order.”

There is a maximum two-year jail sentence for committing an indecent act. However, a mandatory minimum penalty (MMP) comes with a conviction for indecent exposure since that crime involves children, Dosataler explains.

“Those found guilty of indecent exposure face a maximum penalty of two years in jail if the charge is handed as an indictable offence. The crime also carries a MMP of 90 days,” she says.

Dostaler notes that offenders will be automatically included in the National Sex Offender Registry, with the duration of inclusion on the registry depending on the nature and severity of the crime.

“With an indecent exposure conviction, the offender may be ordered to avoid locations where children are commonly found, such as parks, playgrounds or schools,” she says. “They will also not be allowed to pursue any employment involving a position of authority or trust with someone under 16.”