There are many misconceptions about what it means to be a sex offender. The first thing that comes to mind is the image of someone who has committed some violent crime against another person, but that is not always the case. In Canada, indecent exposure is considered a sex offense.
In this blog post, we will explore all about indecent exposure in Canada. Also, we will know all about what exactly constitutes say about indecent exposure and how it could affect your life if you’re convicted of this crime.
What’s Considered Indecent Exposure?
Indecent exposure is one of the serious sex crimes in Canada. It occurs by exposing private parts to minor people in a public place. Such indecent assault in Canada can cause you charges for committing this crime in public. For example, restaurants, parking lots, parks, or local areas. Getting an indecent exposure charge can be a significant barrier to you in the coming days.
However, being topless or partially naked in public places will not cause someone to receive charges. Such cases of indecent assault in public and possible indecency need individual attention. Few instances of exposure might not be against the community values.
In Canada, indecent exposure is distinct from indecent acts. The Criminal Code has defined indecent acts as a liberal aspect. That is why it is difficult to distinguish between nudity and blasphemy. To fight this case, you might prefer getting a criminal defense attorney.
What Happens (Penalties) When You are Charged for Indecent Exposure?
Under Canada’s Criminal Law, Section 173 (2) of the Code, an individual gets a charge with Indecent Exposure for suspected of displaying their genital organs to a person under 16. Because this is an accusation against a juvenile, it is more severe than an Indecent Act charge.
A conviction for Indecent Exposure carries a sentence of 90 days in jail, which is minimum. For maximum, the sentence can last two years (if the Crown proceeds by indictment).
If the Crown continues with a summary conviction, the minimum penalty is 30 days in jail, with a maximum of six months. In addition, because of the sentence, the accused will be a registered sex offender for a minimum of 10 years.
What Happens When You are Charged with an Indecent Act?
According to Section 173 (1) of the Indecent Act, a sexual act in public in the presence of one or more people is the Indecent Act. If someone intends to degrade or offend someone by sexual acts, it might commit an Indecent Act to be private in the same way. Most accusations filed under this clause involve men exposing themselves to an adult who is not consenting.
For an Indecent Act conviction, the maximum penalty is:
- If the Crown proceeds on summary judgment, the sentence may last up to 6 months in prison, or
- If the Crown files an indictment, the penalty can last up to two years in jail.
Incest is illegal in Canada, which is another sex crime similar to indecent assault. A person accused of incest can end up in prison for 14 years. Some sex crimes will register a person as a sex offender under the Criminal Code. Like- Incest, Child pornography, indecent assault, pornography of the child, exploited sexual behaviour.
These are certified by the Sex Offender Information Registration Act (SOIRA) in Canada. It required the offenders to register essential pieces of information, and it remains listed forever.
Was the Indecent Exposure Intentional?
It is complex to understand yet necessary to determine if the exposure is intentional or not. Indecent exposure is a deliberate act aiming to offend others. Each case needs individual attention to understand the intention of this act.
There should be solid proof in the prosecution’s hands to prove that the defendant has done it intentionally and willfully. Otherwise, the jury will dismiss the case.
Have You been Charged with Indecent Exposure?
What are the behaviors in public that can get you a charge with indecent exposure- you need to find that. It is a sex crime that can cause you a serious lawsuit. It could show private parts, doing something sexual like masturbation, or some sexual act that can offend others in public. Doing such things can get you a charge of public indecency.
The Role of Your Criminal Defense Lawyer
In Canada, an indecent exposure charge can ruin your life opportunities. To save you from this unfortunate situation, you need an excellent criminal lawyer. The role of your lawyer is significant to cut your name off from the sex offenders list.
Find a good criminal defense lawyer, and your lawyer will handle the situation. A criminal lawyer’s job is to advocate for you. They will come up with a way to defend you against indecent exposure charges.
Get Help Criminal Lawyer for Assault Charges
An expert criminal lawyer can clear your criminal records. A lawyer who has experience working with assault charges can help you out. It can feel like a nerve-wracking task, but it is easy at all.
Choose a criminal lawyer who has already represented people with similar cases. Lawyers who have the experience of working with people accused of sexual crimes are the best pick. They know effective ways to help you get rid of the charges.
A criminal defense lawyer who has represented people accused of sexual crimes knows how to defend you if you are charged with a crime effectively. Sexual offenses have a variety of ramifications. If you are dealing with assault charges or any other criminal violation and require the services of a criminal defense lawyer. Just contact one of our chosen criminal law professionals.
The act of indecent exposure is a sex offender crime in Canada. And it can affect your life more than you might think. If you are accused of committing this offense or know someone who may have been involved with this type of criminal behavior, be aware of the consequences.
The conviction will include not only jail time but also registration as a sex offender, which could make finding employment difficult. Also, limit where you live. If you got any convictions like these, contact our legal team today!
How serious is indecent exposure?
Indecent exposure is one of those crimes that leaves its mark long after conviction. From hefty fines all the way up through restrictive parole conditions like registering as sex offenders for over ten years afterward.
What is classified as indecent exposure?
The act of publically displaying one’s genitals can be done intentionally or recklessly, is called indecent exposure. But each state has different laws for this matter, and some allow certain kinds of exposure as long as it isn’t overly offensive to others.
Is incest illegal in Canada?
Yes. If anyone under the age of 16 were to undertake such a union, it would violate section 173 (1) of Canada’s Criminal Code and deal with by the country’s criminal courts.
What causes indecent exposure?
Indecent exposure is caused by a few different things, which could vary depending on the case. Like, compulsive sexual behavior, where the urges are overwhelming. It also happens because of psychological issues such as PTSD.