The Criminal Code of Canada penalizes indecent exposure and other indecent acts in Calgary. A conviction for indecent exposure can result in fines and other serious penalties. It may also result in a criminal record, making it harder to find employment or a place to live in the future.
The criminal defence lawyers at Bourdon Defence can help you defend your indecent exposure charge and work toward minimizing the consequences of any conviction.
Summary Offence versus Indictable Offence
Indecent exposure is known as a hybrid offence in Calgary. This means that the Crown prosecutor can choose to bring the charge as either a summary offence (less serious) or as an indictable offence (more serious). The prosecutor’s decision about whether to bring the charge as a summary conviction offence or as an indictable offence usually depends upon the facts and circumstances leading to the charge. It can also depend upon what the police say occurred.
The penalties imposed for an indecent exposure conviction depend upon the underlying circumstances. For example, if the accused committed the indecent act out in public, in the presence of one or more individuals, while intending to assault or offend someone else, he or she could spend between six months and two years in jail. If the accused exposed his or her genitals, for purposes of sexual gratification or arousal, to an individual under the age of 16, the accused can receive a required minimum of 30 days’ incarceration. In the most serious cases, the offender can spend a maximum of two years in jail. Significantly, a person convicted of indecent exposure will be designated a sex offender, and their name will show up on the Sex Offender Registry.
Beating a Charge
By asserting a good legal defence to an indecent exposure charge, you may be able to obtain a dismissal of your criminal case. Specifically, you may be able to assert one or more of the following:
- That you did not expose your genitals (i.e. your private parts), or that the area which you exposed was your underwear or a body part which was above your waist
- That your exposure did not take place in someone else’s presence, such as when you were in your home or someplace else where you had a reasonable expectation of privacy
- Lack of specific intent, in cases where you lacked the knowledge or intent to draw attention to a private area of your body—or you did not expose your genitals for purposes of sexual gratification (or to offend someone else)
- Mistaken identity, where the alleged victim made a mistake when he or she identified you as the offender, or in cases where the alleged victim is not reliable
Call a Knowledgeable Calgary Indecent Exposure Defence Lawyer Today
An indecent exposure charge is serious business. The criminal defence lawyers at Bourdon Defence can review the circumstances of your arrest and start preparing a defence on your behalf. To schedule a free consultation and case evaluation with a Calgary indecent exposure defence lawyer, please call us today at (403) 474-4143, or contact us online.