INTRODUCTION AND BRIEF DESCRIPTION
Exposing genital organs to a person under 16 for sexual purposes is punishable by imprisonment and minimum sentences.
SECTION WORDING
173(2) Every person who, in any place, for a sexual purpose, exposes his or her genital organs to a person who is 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 two years and to a minimum punishment of imprisonment for a term of 90 days; or (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than six months and to a minimum punishment of imprisonment for a term of 30 days.
EXPLANATION
Section 173(2) of the Criminal Code of Canada addresses the criminal act of exposing one's genital organs to a person under the age of 16 for a sexual purpose. The legislation recognizes the vulnerability of children and aims to protect them from sexual exploitation by making it an offence to engage in such acts. The section is applicable in any place where such acts occur, ranging from public spaces to private environments. The law applies equally to both males and females who engage in such actions. The legal age for sexual consent in Canada is 16 years, and any sexual purpose directed towards children under the age of 16 is deemed illegal. Subsection (a) of the section stipulates that such an act is an indictable offence punishable by a maximum of two years imprisonment and at least 90 days minimum mandatory incarceration. Subsection (b) of the section specifies that such an act is also punishable by summary conviction and a maximum of six months imprisonment and at least 30 days of minimum mandatory incarceration. In conclusion, Section 173(2) of the Criminal Code of Canada is a critical legal provision that upholds the protection of minors from sexual exploitation. The section indicates that everyone is responsible for protecting children against sexual abuse and must face the full force of the law when found guilty of such offences.
COMMENTARY
Section 173(2) of the Criminal Code of Canada is a provision that makes it a criminal offense to expose one's genital organs to a person who is under the age of 16 years for a sexual purpose. The provision imposes strict penalties for offenders, including imprisonment for a term of not more than two years and a minimum punishment of not less than 90 days for those convicted of an indictable offense. For those convicted of an offense punishable on summary conviction, the provision imposes imprisonment for a term of not more than six months and a minimum punishment of not less than 30 days. The provision is in place to protect children from sexual exploitation and abuse by adults. Children are a vulnerable population, and it is the responsibility of the government and the criminal justice system to ensure that they are protected from all forms of harm, including sexual abuse. Therefore, this provision represents a significant step towards recognizing the rights of children and preventing their sexual exploitation. One of the key aspects of this provision is the requirement that the exposure of genital organs must be for a sexual purpose. This is an essential element in distinguishing between innocent acts, such as providing personal care to a child, and the sexual exploitation of children by adults. By limiting the scope of the provision to instances where the offense is committed for a sexual purpose, it ensures that individuals who perform legitimate acts are not unduly punished. The minimum punishments specified by the provision are also a crucial aspect of the legislation. The requirement for a minimum punishment ensures that offenders are held accountable for their actions regardless of the severity of their crime. It represents a clear message from the criminal justice system that sexual exploitation of children will not be tolerated. Although section 173(2) of the Criminal Code of Canada is an essential piece of legislation, there are still some concerns regarding its implementation and effectiveness. One of the primary concerns is that some incidents of sexual exploitation of children are not reported or prosecuted. This may be as a result of fear of reprisals or shame, among other reasons. Therefore, it is crucial to ensure that appropriate resources are available to provide support and care to victims of sexual exploitation. This will encourage more victims to come forward and report instances of sexual exploitation. Additionally, law enforcement agencies must have the necessary resources and training to effectively investigate and prosecute such cases. In conclusion, section 173(2) of the Criminal Code of Canada is a critical provision that protects children from sexual exploitation and abuse by adults. Its effectiveness can be improved through providing support and care to victims, effective investigation and prosecution of crimes, and ensuring that the minimum penalties are adequately implemented. Sexual exploitation of children is a reprehensible offense, and it is the duty of all Canadians to ensure that children are protected from such heinous acts.
STRATEGY
One of the main considerations when dealing with section 173(2) of the Criminal Code of Canada is the potential consequences for the accused. A conviction under this section can result in significant jail time, as well as a criminal record that could impact the individual's future personal and professional opportunities. As such, it is critical to approach charges under this section with careful consideration and strategic planning. One strategy that could be employed is to challenge the evidence presented by the prosecution. As with any criminal charge, the burden of proof rests with the Crown to prove beyond a reasonable doubt that the accused committed the offence. Therefore, if there are weaknesses or inconsistencies in the prosecution's case, it may be possible to challenge the evidence and potentially have the charges dropped or reduced. Another potential strategy is to negotiate a plea deal with the prosecution. This can involve admitting to a lesser offence or agreeing to certain conditions in exchange for a reduced sentence. For example, the accused may agree to participate in a treatment program that addresses their sexual behaviour in exchange for a reduced sentence or a conditional discharge. It is also important to consider the potential impact of the charges on the accused's personal and professional life. For example, if the accused is a teacher or other professional who works with children, a conviction under section 173(2) could result in the loss of their job and professional license. As such, it may be beneficial to consider a strategy that minimizes the public exposure of the charges and the potential consequences of a conviction. Finally, it is important to work with an experienced criminal defence lawyer who is knowledgeable about the nuances of section 173(2) and can provide strategic advice tailored to the individual case. A lawyer can help to identify weaknesses in the prosecution's case, negotiate plea deals and sentencing, and build a strong defence to protect the accused's rights and interests. In summary, the strategic considerations when dealing with section 173(2) of the Criminal Code of Canada are vast. The reputation of the accused, the strength of the prosecution's case, potential loss of employment or professional license, and public exposure of the charges must be considered. Strategies could include challenging the evidence presented by the prosecution, negotiating a plea deal, or the minimization of public exposure. It is important to work with a knowledgeable and experienced criminal defence lawyer to provide tailored advice and ensure that the accused's rights and interests are protected.