Invitation to sexual touching is a serious crime that involves encouraging a minor to engage in sexual activities. This page explains the offence, its penalties, and the importance of securing legal representation if charged.
Invitation to Sexual Touching: Criminal Code Definition
Invitation to sexual touching is defined under Section 152 of the Criminal Code.
Every person who, for a sexual purpose, invites, counsels or incites a person under the age of 16 years to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the body of the person under the age of 16 years
Elements of Invitation to Sexual Touching
To prove invitation to sexual touching, the Crown must establish:
- The identity of the accused.
- The date and location of the incident.
- That there was a communication of an invitation, counseling, or incitement.
- That the communication was directed at a person under 16 years of age.
- That the communication was for a sexual purpose.
- That the accused knew or was reckless or willfully blind to the complainant’s age.
Potential Penalties for Invitation to Sexual Touching
- Summary Conviction: Up to 2 years less a day in prison.
- Indictable Offence: Up to 14 years in prison.
- Mandatory Minimum: 90 days for summary conviction, 1 year for indictable offences.
Click here to learn more about the potential penalties for invitation to sexual touching.
Defences Available for Invitation to Sexual Touching
- Mistaken belief of age (if reasonable steps to ascertain age were taken)
- Alibi
- Insufficient evidence
- Charter violations
Speak to a Criminal Lawyer Today
Facing charges for invitation to sexual touching requires expert legal advice. A criminal lawyer can help you understand your rights and options. Call (855) 585-1777 for a free consultation today.
