Sexual interference involves inappropriate sexual contact with individuals under the age of consent.
Sexual Interference: Criminal Code Definition
Sexual interference is defined under Section 151 of the Criminal Code.
151 Every person who, for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of a person under the age of 16 years
(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or
(b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of 90 days.
Elements of Sexual Interference
- The identity of the accused.
- The date and location of the incident.
- That there was intentional touching.
- That the touching was of a sexual nature.
- That the complainant was under 16 years of age.
- That the accused knew or was reckless or willfully blind to the complainant’s age.
Potential Penalties for Sexual Interference
- Summary Conviction: Up to 18 months 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 sexual interference.
Defences Available for Sexual Interference
- Mistaken belief of age (if reasonable steps to ascertain age were taken)
- Alibi
- Insufficient evidence
- Charter violations
Click here to learn more about the potential defences available for sexual interference charges.
Speak to a Criminal Lawyer Today
Handling charges of sexual interference requires expert legal representation. A criminal lawyer can provide strategic defence options and ensure your rights are fully protected. Call (855) 585-1777 for a free consultation today.
