In Canada, indecent acts and indecent exposure are criminal offences that turn primarily on context, intent, and the presence of minors.
Indecent acts generally involve intentional public behaviour meant to offend, insult, or disturb others. Indecent exposure is more serious and applies when a person exposes their genitals to someone under 16 for a sexual purpose. While some forms of public nudity are technically illegal, they are rarely prosecuted and require special approval from the Attorney General.
Public indecency offences in Canada are often misunderstood. While they are grouped in the Criminal Code, indecent acts, public nudity, and indecent exposure are legally distinct offences with very different consequences. Confusion about these distinctions can lead people to underestimate the seriousness of the charges they face — particularly when minors are involved.
Public indecency offences are found in sections 173, 174, and 175 of the Criminal Code under the heading Sexual Offences, Public Morals and Disorderly Conduct . These provisions are designed to regulate behaviour that violates accepted standards of public decency — not private morality.
Statistics Canada data shows that police investigate thousands of indecent acts each year in Ontario, but only a fraction result in charges. This reflects how context-driven and discretionary these offences are.
An indecent act is defined in section 173(1) of the Criminal Code. A person commits an offence if they wilfully perform a lewd act in a public place in the presence of one or more persons, or in any place with the intent to insult or offend another person.
To secure a conviction, the Crown must prove:
Typical examples may include:
Indecent acts are hybrid offences, but most are prosecuted summarily. Typical outcomes include fines, probation, or short custodial sentences. Sex offender registration is not automatic for indecent acts unless other factors apply.
Public nudity is addressed separately under section 174(1) of the Criminal Code. A person may be charged if they are nude in a public place, or naked and exposed to public view on private property, without lawful excuse.
Importantly:
Public nudity is a summary conviction offence with a maximum penalty of a $5,000 fine or up to two years in jail. Courts have also recognized that female toplessness does not automatically constitute public nudity or indecency in Ontario.
Indecent exposure is defined in section 173(2) of the Criminal Code and is treated much more harshly than other lewd acts.
A person commits indecent exposure if they expose their genitals to a person under the age of 16 for a sexual purpose, anywhere — public or private.
Unlike other indecency offences, location is irrelevant. What matters is:
Indecent exposure carries consequences that extend well beyond sentencing.
Those convicted typically face:
Failure to comply with registry requirements can itself result in new criminal charges, fines up to $10,000, and additional jail time.
In indecent exposure cases, sexual purpose is often the central battleground. The Crown must prove that exposure was done for sexual reasons, not accidentally, carelessly, or for some non-sexual purpose.
Courts examine:
Because intent cannot be seen directly, reasonable doubt is often possible, making experienced legal analysis critical.
Defence approaches may include:
Each case turns on its own facts. There is no “one-size-fits-all” defence.
Indecency charges escalate quickly. What begins as a misunderstanding or isolated incident can turn into a charge with life-altering consequences, particularly when minors are involved.
Early legal intervention allows counsel to:
If you are facing charges for indecent acts, public nudity, or indecent exposure, experienced legal guidance is essential. These offences are complex, highly fact-sensitive, and carry consequences far beyond the courtroom.
The criminal defence lawyers at Mass Tsang have extensive experience defending public indecency and sexual offence allegations across the Greater Toronto Area. Their approach focuses on strategic defence, careful evidence review, and protecting your long-term future.
If you or a loved one is facing such charges, timely legal advice can make the difference between a manageable outcome and permanent consequences.
An indecent act under section 173(1) of the Criminal Code involves wilful public behaviour that violates accepted standards of public decency, either in a public place or where the intent is to insult or offend another person. Context, purpose, and community standards are critical.
Public nudity is technically an offence under section 174 of the Criminal Code. However, prosecutions are rare and require the Attorney General's consent. Courts have also recognized that not all forms of nudity automatically constitute indecency.
Indecent exposure is defined under section 173(2) and occurs when a person exposes their genitals to someone under the age of 16 for a sexual purpose. It is a separate and far more serious offence than general indecent acts or public nudity.
No. Indecent exposure can occur anywhere — public or private. The offence depends on exposure of genitals, the presence of a minor under 16, and a sexual purpose, not location.
Indecent exposure carries mandatory minimum jail sentences (30 or 90 days, depending on prosecution), potential imprisonment of up to two years, and mandatory registration on the national sex offender registry.
No. Sex offender registration is not automatic for indecent acts under section 173(1). It is mandatory for indecent exposure involving minors and may apply in other cases only if ordered by the court.
Intent — particularly sexual purpose — is often the central issue. The Crown must prove that the conduct was wilful and met the legal threshold for indecency. Accidental exposure or non-sexual behaviour may not meet this standard.
Yes. Indecency offences are highly fact-specific and can carry severe collateral consequences. Early legal advice is essential, especially in cases involving minors or allegations of sexual intent.
