Criminal Code: Section 152
Incitement to Sexual Touching
Criminal Code: Section 152
Incitement to Sexual Touching
Overview
The offense of incitement to sexual touching refers to any individual who, for sexual purposes, invites, engages, or incites a child under the age of 16 to touch them, to touch themselves, or to touch a third party.
Difference between sexual touching and incitement to touching: Unlike the offense of sexual touching, physical contact is not required for a crime to be committed. Communication alone with a child under 16, if it aims to incite or invite sexual contact, constitutes a criminal offense.
The fact that the victim consented to the communication or expressed willingness to engage in sexual contact cannot be used as a defense. The law considers that a person under the age of 16 cannot legally consent to such acts, except in specific circumstances, such as:
- In the case of a child aged 12 or 13, if the accused is less than two years older (under 14 or 15 years old, as the case may be) and is not in a position of authority or trust.
- In the case of a child aged 14 or 15, if the accused is less than five years older (under 19 or 20 years old, as the case may be) and is not in a position of authority or trust.
Legal Consequences
Depending on the mode of prosecution chosen by the public prosecutor, the minimum sentence for the offense of incitement to sexual touching is 90 days or one year of imprisonment. The maximum sentence can be up to 14 years of imprisonment.
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