Canadian Criminal Sentencing/Offences/Invitation to Sexual Touching

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Invitation to Sexual Touching
s. 152 of the Crim. Code
Election / Plea
Crown Election Hybrid
Jurisdiction Prov. Court
SC Judge + PI (I)
SC Jury + PI (I) (536(2))
Summary Dispositions
Minimum 90 days jail
Maximum 18 months jail or $5,000 fine
Indictable Dispositions
Avail. Disp. same as summary
Minimum 1 year jail
Maximum 10 years jail
References
Offence Elements
Sentence Principles
Sentence Digests
Comments
DNA Primary designated offence

SOIRA designated offence

DO/LTO primary designated offence

Legislation[edit]

Invitation to sexual touching
152. 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,

(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 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 18 months and to a minimum punishment of imprisonment for a term of 90 days.


R.S., 1985, c. C-46, s. 152; R.S., 1985, c. 19 (3rd Supp.), s. 1; 2005, c. 32, s. 3; 2008, c. 6, s. 54; 2012, c. 1, s. 12.


CCC

Application[edit]

For General Principles on Sentence for Sexual offences, see Sexual Offences

Principles[edit]

Factors[edit]

Ancillary Orders[edit]

History[edit]

On August 9, 2012, this section was amended to increase the minimum penalties from 14 days for summary and 45 days indictable to 90 days and 1 year, respectively.