Frequently Asked Questions

What is Indecent Act and Indecent Exposure?
What are the Consequences of an Indecent Act Charge?
How to beat an Indecent Act Charge?
How to beat an Indecent Exposure Charge?

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What is Indecent Act and Indecent Exposure?

An indecent act as occurs when someone knowingly engages in something indecent in public, around at least one other person, or in any other setting with the intent to offend someone. The Criminal Code does not specify what actions are considered indecent, so this will be assessed on an individual basis. Indecent act charges are most commonly laid on those exposing themselves to strangers or engaging in sexual activity in front of others.

Indecent exposure occurs when someone exposes their genitals, online or in person, in public or in private, to someone under the age of 16 for a sexual purpose. To be for a sexual purpose, the person must have received or intended to receive some sort of sexual gratification from their actions.

It is important to note the differences between the two offences. To be guilty of indecent exposure, the person must have exposed their genitalia for a sexual purpose, whereas a person guilty of indecent act may not have exposed their genitals and does not need to have committed the offence for a sexual purpose. Additionally, the witness of an indecent exposure must be under 16 but the witness of an indecent act can be of any age.

What are the Consequences of an Indecent Act or Indecent Exposure Charge?

When an individual is charged with indecent act or indecent exposure, they face a maximum of two years in jail. They could also be required to undergo psychological assessments, receive counselling, perform community service, or pay a fine.

Furthermore, individuals charged with indecent act may have to register on the National Sex Offender Registry upon conviction, while individuals charged with indecent exposure will always be required to register as sex offenders upon conviction.

Indecent act and indecent exposure charges could also impact the individual’s employment if they work with children or are part of a professional organization such as the College of Physicians and Surgeons of Ontario or the Ontario College of Teachers. These organizations have strict codes of conduct that forbid members from behaving in ways disreputable to the profession, and they could view an indecent exposure or indecent act change as contravening this requirement.

Indecent act and indecent exposure charges could also negatively affect an individual’s intrapersonal relationships, including their relationships with their family members, friends, or partner.  Where the accused’s children are the victims of the indecent act or indecent exposure, CAS is likely to become involved, and their independent investigation could result in the accused being subject to unfavourable custody arrangements.

How to beat an Indecent Act Charge?

Several defences are potentially available to those charged with indecent act, depending on the circumstances of the case. Our firm can help you understand and present the best defence for your circumstances.

The two best defences to an indecent act charge are to show that the act committed was not indecent or to prove that there was no intention for the act to be seen by others or to offend others.

First, the accused could argue that what they were caught doing was not indecent. For example, if an accused was charged with an indecent act after a witness described them as walking around the city naked, but the accused can prove that they were walking around in swimwear, the accused would not be found guilty of indecent act.

Second, the accused could argue that they did not have the required intent. For example, the accused could argue they were in private or believed they were in private and did not think anyone was nearby. They could also argue that they did not intend to offend anyone when they committed the indecent act. If there is sufficient proof that the accused did not intend for anyone to see the act, they could beat the indecent act charge.

How to beat an Indecent Exposure Charge?

There are numerous defences an accused charged with indecent exposure could potentially rely on, depending on the circumstances of their case. Donich Law has experience applying these defences to help those charged with indecent exposure and can help you devise the best defence strategy for your case.

One possible defence is that the accused did not have the required intent. In other words, the accused could argue that they exposed themselves for a purpose that was not sexual. For example, if an individual was on fire and quickly took their pants off exposing themselves, they could argue they did not expose themselves for a sexual purpose.

Another strong defence that may be used is to argue that the accused was not actually exposing their genitals and that the witness was mistaken about what they saw. For example, the accused could have been wearing clothing that matched their skin tone and made them appear nude.

Another possible strategy counsel could employ is to negotiate for the indecent exposure charge to be reduced to an indecent act charge. Indecent act is a less serious offence, as it does not always involve minors, and a conviction for indecent act will not always require the accused to register on the sex offender registry.

Quick Facts

What is Indecent Act?

A person commits the offence of indecent act when they knowingly engage in something indecent in public, around at least one other person, or in any other setting with the intent to offend someone. While there is no list of what actions are considered indecent, indecent act charges are commonly laid on those exposing themselves to strangers or engaging in sexual activity in front of others.

What is Indecent Exposure?

A person commits the offence of indecent exposure when they expose their genitals, online or in person, in public or in private, to someone under the age of 16 for sexual gratification.

Will I have to Register as a Sex Offender if I’m Convicted of Indecent Act or Indecent Exposure?

Those convicted of indecent exposure are obligated to register as a sex offender pursuant to the Sex Offender Information Registration Act (SOIRA). However, individuals convicted of indecent act will only be required to register under SOIRA in some circumstances.

Will I go to Jail for Indecent Act or Indecent Exposure?

The potential sentences for both offences vary from two years less a day in jail and/or a $5,000.00 fine to two years in prison, or both. Individuals convicted of indecent exposure are more likely to receive a prison sentence than those convicted of indecent act, as indecent exposure involves children and is considered a more serious offence.

How Do I Get My Indecent Act or Indecent Exposure Charges Dropped?

The best way to get an indecent act or indecent exposure charge dropped is to review the facts of the case and the Crown’s evidence against the accused and to present the defence best suited for those circumstances. Donich law has experience developing case-specific defences and can help you develop the best defence for your indecent act or indecent exposure charges.

Will my Indecent Act or Indecent Exposure Charges be Public?

Most Canadian criminal proceedings are public, and criminal convictions are entered into the public record. The public is also allowed to watch hearings and view conviction records. However, the Canadian sex offender registry is private and only available to law enforcement officials. Hiring legal counsel can assist in keeping charges private.