FIRST OFFENDER? DEFEND INDECENT ACT AND EXPOSURE CHARGES IN KITCHENER.  1-866-DEFENCE.

Being arrested and charged with a criminal offence can be an unnerving and confusing experience. This is especially true for those who are being processed through the criminal justice system for the first time. The Court process can be confusing for anyone without experience which can be an added stress in an already unsettling time. Donich Law has experience defending a wide variety of individuals charged with indecent act and indecent exposure including first time offenders and those who have been wrongfully accused. Given the sensitivity of these charges, discuss with your lawyer whether you need a publication ban.

At Donich Law we have experience defending a variety of indecent act and indecent exposure offences. We regularly negotiate with Crown counsel to obtain favourable deals for our clients when appropriate. We also have experience litigating matters where appropriate to receive the best possible outcome for our clients.

In 2021, Donich Law defended a client charged with Indecent Act after allegedly exposing his genitals in R. v. C.X. [2021]. Police attended a Walmart parking lot after receiving reports of an individual exposing himself to people. Upon arrival, the police found the accused with no shirt on and his pants on backwards. The Firm successfully resolved the case without a criminal record by providing medical evidence to provide context to the alleged offence and by challenging the statements of witnesses.

In 2021, the Firm successfully defended an accused charged with indecent act in R. v. L.G. [2021]. The client was arrested and charged after he was observed standing completely naked in front of a large window at the front of his home. Multiple witnesses saw the accused while walking past the home and contacted police. The Firm presented evidence during crown negotiations to show that the accused had mental health issues and the charge was withdrawn.

In 2018, the Firm represented a businessman who was accused of exposing himself in front of strangers in a public parking lot in R. v. A. T. [2018]. In that case, the Firm hired a medical expert to prove that the incident could not have occurred as stated by the complainant and that the allegations had been fabricated, beating the charges.

In 2017, the Firm represented an exotic photographer who was charged with indecent act after a model accused him of exposing himself to her during a photoshoot in R. v. M.R. [2017]. The Firm presented forensic evidence to the Court to prove that the allegations had been fabricated and the charges against the accused were withdrawn.

If you have been charged with indecent act or indecent exposure in Kitchener, Donich Law can assist in guiding you through the Court process. We can help you develop the best strategy to defend the charges against you. Click here for more information on how to defend indecent act charges.

Having a complete understanding of the Elements of the Criminal Offence, Your Rights and the Consequences associated with a Criminal Record is necessary before any legal decisions are made.

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Frequently Asked Questions

What is an Indecent Act?
What is Indecent Exposure?
How to Defend Indecent Act and Indecent Exposure Charges in Kitchener?
What are the Penalties for an Indecent Act Conviction in Kitchener?
What are the Penalties for an Indecent Exposure Conviction in Kitchener?
Will I Have to Register as a Sex Offender if I am Convicted?

Additional Resources

Assault
Assaulting a Peace Officer
Children’s Aid Society
Sexual Assault Law in Canada
Consequences of a Criminal Record
Domestic Abuse
First Offenders
Immigration Consequences
Keeping Charges Private
Travel & US Waivers
Vulnerable Sector Screening
Elements of a Crime
Your Rights

What is an Indecent Act?

Section 173(1) of the Criminal Code outlines the offence of indecent act. It states that an individual is guilty of the offence when they willfully commit an indecent act in a public place or in the presence of others, or in any place with the intent to offend any person. The Code does not provide a list of acts that are considered indecent. The Court will determine whether or not a person’s conduct is deemed indecent on a case-by-case basis. However, most commonly, individuals are charged with indecent act for engaging in sexual activity in public or in a place where other individuals are within view.

What is Indecent Exposure?

Section 173(2) of the Criminal Code outlines the offence in indecent exposure. It states that an individual commits indecent exposure when they expose their sexual organs to a person under the age of sixteen for a sexual purpose. Such an exposure can occur anywhere including inside private residences. The exposure must be for a sexual purpose, meaning the accused must have received some sexual gratification from it.

How to Defend Indecent Act and Indecent Exposure Charges in Kitchener?

As with any criminal charge, the best defence will depend on the facts of the case and will be unique to the allegations being made. There are four common defences that may be used to defend an indecent act or indecent exposure charge. These defences include; arguing lack of specific intent, arguing that the exposure or act did not occur in the presence of others, arguing that the part of the body that was exposed was not indecent and arguing mistaken identity.

An individual charged with indecent act or indecent exposure may argue that they lacked the specific intent to be guilty of the offence. For a Crown to prove certain charges of indecent act, they must prove that the accused exposed themselves to someone else with the intention to offend. If the accused did not expose themselves with the intention to offend, they may be able to utilize this defence. Similarly, for the Crown to prove an indecent exposure charge, they must prove that the accused exposed themselves to a minor for a sexual purpose. If the accused did not have a sexual purpose, they are not guilty of this offence. For example, a parent who exposed themselves to their young child while bathing would not be guilty of this offence.

An individual charged with indecent act or exposure may also argue that the act or exposure did not occur in public or in front of other individuals. If an individual exposed themselves or was engaging in an indecent act inside their home, they may argue that they had a reasonable expectation of privacy in the location they were in. If the expectation of privacy was reasonable under the circumstances, the accused will not be found guilty.

In other situations, it may be possible for the accused to argue that the part of their body that was exposed was not indecent, or the act they were engaging in was not indecent. In some cases, witnesses misunderstand what they have witnessed. For example, if an accused was exposing the area above their genitals without exposing their genitals or had underwear covering their genitals, it may be possible to use this defence.

Finally, an accused charged with indecent act or indecent exposure may argue mistaken identity. In some cases, individuals are wrongfully identified, or allegations are fabricated. Where this is true, experienced legal counsel can assist in providing the Court with evidence to prove that the accused is not guilty of the offence as charged.

What are the Penalties for an Indecent Act Conviction in Kitchener?

Indecent act is considered a sexual offence in Canada. As a result, it is treated as a serious offence. Indecent act is a hybrid offence. This allows the Crown to make an election that will influence the maximum penalty that may be imposed on the accused if they are convicted. Where the allegations are serious, the Crown will generally proceed by indictment and the accused will face more severe penalties. On the other hand, the Crown will proceed summarily where the allegations are more minor, leading to less severe maximum penalties. Where the Crown proceeds by indictment, the accused will face a maximum of two years in prison. Where the Crown proceeds summarily, the accused will face a maximum of two years less a day in prison, a $5,000 fine or both.

What are the Penalties for an Indecent Exposure Conviction in Kitchener?

Indecent exposure is also considered a serious sexual offence in Canada. Indecent exposure is a hybrid offence, meaning the Crown may elect to procced summarily or by indictment. This election will affect the maximum penalty that may be imposed on the accused if they are convicted. In more serious cases the Crown will proceed by indictment and in less serious cases, summarily. Where the Crown proceeds by indictment, the accused will face a maximum of two years in prison. Where the Crown proceeds summarily, the accused will face a maximum of two years less a day in prison, a $5,000 fine or both.

Will I Have to Register as a Sex Offender if I am Convicted?

Indecent exposure is considered a sexual offence in Canada. Those charged with indecent exposure will be required to register as a sex offender on a mandatory basis. The Criminal Code provides a list of designated sexual offences. Individuals who commit any of these designated sexual offences will be required to register under the Sex Offender Information Registration Act for ten years, twenty-five years or life. The Court has no discretion regarding the issuance of a SOIRA order for those convicted of indecent exposure.

Indecent act is also a sexual offence; however, an individual may be charged with indecent act for committing an act that is not sexual in nature. For example, an individual may be charged with indecent act for urinating in public in front of a group of people. As a result of this, those convicted of indecent act will not be required to register as a sex offender on a mandatory basis. The Court will make a determination on a case-by-case basis as to whether the offender will be required to register. When an individual is convicted of committing an indecent act, the Crown will be required to present evidence to the Court showing why a SOIRA order is necessary. If the Court agrees, they will issue a SOIRA order that remains in effect for ten years, twenty-five years or life.

Quick Facts

What is Indecent Exposure?

An individual is guilty of the offence of indecent exposure when they expose their genitals, for a sexual purpose, to a minor. Indecent exposure can occur in public or in private. An individual can commit indecent exposure even if they are not in the physical presence of the minor. For example, an adult who exposes themselves to a minor over the internet will be guilty of indecent exposure.

What is Indecent Act?

An individual is guilty of the offence of indecent act when they willfully commit an indecent act in a public place or in the presence of one or more persons, or in any place with the intent to offend another person. The Criminal Code does not provide a list of acts that are considered indecent. The Court will make this determination on a case-by-case basis.

Will I go to Jail if I am Convicted of Indecent Act or Indecent Exposure?

In some cases, yes. Both indecent act and indecent exposure are considered sexual offences. Since indecent exposure involves children, it is generally viewed as the more serious of the two offences. As a result, periods of incarceration a more common for those convicted of indecent exposure.

Will I be Required to Register as a Sex Offender if I am Convicted of Indecent Act?

While indecent act is considered a sexual offence, it is possible to be guilty of the offence for committing an act that is not sexual in nature. For example, an individual who urinates in public in front of other individuals will be guilty of indecent act but have not committed a sexually based offence. As a result, the Court will determine whether an individual convicted of indecent act will be required to register as a sex offender on a case-by-case basis.

What is a SOIRA Order?

A SOIRA order is an order issued by the Court ordering an offender to register as a sex offender under the Sex Offender Information Registration Act. The Criminal Code states that individuals who commit certain designated sexual offences will be required to register as sex offenders on a mandatory basis.

How Long does a SOIRA Order Last?

A SOIRA order will remain in effect for ten years, twenty-five years or life. The length of the order will be determined by the sentencing Court and will be determined based on the criminal history of the accused, the nature and severity of the allegations and any other aggravating or mitigating factors in the case.

What if I was Inside my Car When I Exposed Myself?

If you were inside your car when you exposed yourself and did not expect anyone to witness the exposure, it may be possible to successfully defend your indecent exposure charge. If an individual had a reasonable expectation or privacy in the location they were in, it is possible to beat the charge. However, if an accused exposed themselves in their car in a heavily populated area with a high likelihood that they will be seen, there is a higher likelihood they will be convicted.