Canadian Criminal Law/Offences/Indecent Act

Proof of the Offence
In addition to the essential elements of time and date, jurisdiction and identity, the Crown must prove:

indecent act in a public place
 * 1) accused performs an indecent act
 * 2) the act is in a public place
 * 3) the act is in the presence of one or more individuals

indecent act intending to offence
 * 1) accused performs an indecent act
 * 2) the act was performed with the intention to insult or offend a person
 * 3) the act is in the presence of one or more persons

exposes genitals to person under 16
 * 1) exposes genital organs
 * 2) exposes for a sexual purpose
 * 3) in presence of person under 16
 * 4) accused knew or was reckless that person was under 16

Interpretation
The offence does not require a "sexual context".

Masturbation from inside a vehicle while making eye contact with a passer-by falls into sexual context.

Wilful The use of the term “wilful” in this context has been found to include “recklessness”.

There is a presumption of wilful intent where the act is seen by another person.

Public Place Under s. 150, a "public place ... includes any place to which the public have access as of right or by invitation, express or implied;"

A public place can include exposing oneself to persons at a crosswalk from inside a car.

However, an act done from inside the livingroom of a residence may be visible to persons outside the home, but will not be considered as public place.

One or More individuals The requirement of the act being visible to one or more persons is not satisfied by the act involving more than one participants who are observing the act nor where an unmonitored video recording is made.

The accused and observer do not need to be in the same place to make out the offence.

History
In 2012, s. 173(1) was amended from a straight summary conviction offence to a hybrid offence. Section 173(2) was amended to include the mandatory minimums.