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Disorderly Conduct Criminal Code, s. 173, 174

Nudity and Indecent Exposure

Though the offence is rarely prosecuted, the Code states that nudity and indecent exposure is illegal in a public place "without lawful excuse."

Last reviewed: July 2026 Section: Criminal Code, s. 173, 174 Procedure: Procedure depends on the section and facts
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Plain-Language Summary

Nudity and Indecent Exposure: What Counts and the Penalties

Nudity and indecent exposure cover being nude in public. It also covers showing your genitals to someone under 16 for a sexual reason. A nudity charge needs the Attorney General’s approval. Nudity can carry a $5,000 fine, 2 years less a day, or both. Exposing yourself to someone under 16 can carry mandatory minimums and up to 2 years.

Nudity and Indecent Exposure: Though the offenceA criminal activity is rarely prosecuted, s.174 (1) of the Criminal CodeA federal act codifying most criminal offences in Canada states that it is illegal to be nude in a public place "without lawful excuse." That includes nudityBeing nude or exposing genital areas in circumstances covered by the Criminal Code. on your own property if you are in public view. The charge of indecent exposureExposing genitals to a person under 16 for a sexual purpose. may be laid if you expose your genitals to someone under 16. According to s.173 (1) of the Code, the maximum penalty is two years in jail for indecent exposure, with fines often given out for nudity, if the charge is prosecuted.

What is Nudity?

Section 174 (1) of the Criminal Code makes it illegal to be nude in a public place "without lawful excuse." It is also a crime to be nude and exposed to public view while on private property, even your own property. The Code defines nudity as being "clad as to offend against public decency or order," meaning that you do not have to be completely naked to be charged.

What Is Indecent Exposure?

Section 173 (1) of the Code describes an "indecent act" as any action in a public place in the presence of one or more persons that is done for the purpose or intent to insult or offend others. "Exposure" is described as revealing your genital organs to a person under the age of 16 for a sexual purpose.

Is Toplessness Allowed in Canada?

Courts in some provinces have ruled women can legally expose their breasts.  In 1996, the Ontario Court of Appeal ruled a lower court erred in finding a woman guilty of committing an indecent act after she walked on a city street and sat on her porch with her breasts exposed. “No one who was offended was forced to continue looking at her,” the judgment reads. “Her conduct did not constitute an indecent act.”

That sentiment was echoed by a B.C. judge, who noted that “nude sunbathing is not of sufficient moral turpitude to support a charge for doing an indecent act.”

What is Needed to Convict

With the offence of nudity, the Code states that “No proceedings shall be commenced under this section without the consentVoluntary agreement to engage in an sexual act of the Attorney General.” That is required to avoid harm resulting from prosecuting a case that is not in the public interest. There is no similar stipulation with indecent exposure. To win a conviction, the Crown has to show that you purposely exposed your genitals to someone under 16 for a sexual purpose.

What are the Penalties?

The charge of nudity is treated as a summary convictionUsed for lesser offences, with a maximum fine of $5,000 or a term of imprisonment of not more than two years less a day, or both.

If your indecent exposure charge is treated as an indictable offenceA more serious type of Canadian criminal offence., the maximum penalty is a two-year jail term. The minimum punishment is imprisonment for 90 days. If it is prosecuted as a summary conviction, the maximum penalty is six months in jail. The minimum punishment is imprisonment for 30 days.

Attorney General consent (s. 174(3))

A prosecution for nudity under s. 174 requires the consent of the Attorney General.

What the Crown Must Prove

To get a conviction, the Crown must prove every part of the offence beyond a reasonable doubt.

Section

1

An indecent act (s.173(1))

The accused did an indecent act — conduct that a reasonable person would consider a serious affront to community standards of sexual decency, in the context in which it occurred.

2

Wilfulness (s.173(1))

The act was done wilfully (deliberately, not accidentally).

3

Public place or presence of others, or intent to insult/offend (s.173(1))

The act occurred in a public place in the presence of one or more persons, OR occurred in any place (public or private) with intent to insult or offend another person.

4

Genital exposure to a person under 16 (s.173(2))

The accused exposed his or her genital organs to a person who is under the age of 16 years, in any place (public or private).

5

Sexual purpose (s.173(2))

The exposure was done for a sexual purpose.

6

Nudity without lawful excuse (s.174)

The accused was nude — so clad as to offend against public decency or order — either (a) in a public place, or (b) exposed to public view while on private property (whether the accused's own or not) — and had no lawful excuse. Note: s.174 prosecutions require the consent of the Attorney General (s.174(3)).

A proof rule (a presumption) is a rule about evidence. It does not mean the person is automatically guilty. It means the court may treat one fact as evidence of another fact unless there is evidence pointing the other way.

Possible Penalties

These are maximum sentences. Actual sentences depend on the facts, criminal history, and any mitigating or aggravating circumstances.

Indecent act in a public place, or in any place with intent to insult or offend — s. 173(1)

Hybrid
Maximum penalty (by indictment)
2 years
How it proceeds
Crown may proceed by indictment or summary conviction

No mandatory minimum applies. On summary conviction, the general s. 787(1) default applies: a fine of up to $5,000, imprisonment for up to two years less a day, or both.

Exposing genitals to a person under 16 for a sexual purpose — s. 173(2)

Hybrid
Maximum penalty (by indictment)
2 years
Summary maximum (s. 173(2)(b))
6 months

Mandatory minimums as written: 90 days by indictment; 30 days on summary conviction. Some mandatory minimum sentences have been challenged under the Charter. This page summarizes the Criminal Code wording, but a lawyer can advise how the law may apply in a specific case.

Nudity in a public place, or nudity on private property exposed to public view, without lawful excuse — s. 174

Summary
Maximum (via s. 787(1) default)
A $5,000 fine, two years less a day of imprisonment, or both
How it proceeds
Summary conviction only

Section 174 states no maximum of its own. On summary conviction, the general s. 787(1) default applies: a fine of up to $5,000, imprisonment for up to two years less a day, or both. No mandatory minimum applies. A prosecution for nudity under s. 174 requires the consent of the Attorney General.

What these words mean
Indictable
The more serious way to prosecute an offence. It can carry higher maximum penalties.
Summary conviction
The less serious, usually faster way to prosecute an offence, with lower maximum penalties.
Hybrid
An offence the Crown can prosecute either way — by indictment or by summary conviction.
Summary only
Summary-only offences are prosecuted by summary conviction. The Criminal Code sets the maximum penalty in the specific offence section.
Crown election
The Crown prosecutor’s choice of which way to proceed on a hybrid offence.

Possible Defences and Legal Issues

This page covers more than one section. Possible defences and legal issues are set out by section below.

Indecent Acts — s.173

Section 173 does not list a special defence in the Criminal Code. The Crown still has to prove the parts of the offence. Depending on the charge, this may mean proving that the accused wilfully did an indecent act in a public place in the presence of one or more persons, or in any place with intent to insult or offend another person; or that the accused, in any place, exposed their genital organs to a person under the age of 16 years for a sexual purpose.

Possible issues may still depend on the facts, the evidence, and whether the Crown can prove each part of the offence. This is general legal information, not legal advice.

Nudity — s.174

Section 174 makes it an offence to be nude in a public place, or nude and exposed to public view while on private property, "without lawful excuse". If there is evidence capable of raising a lawful excuse, the Crown must prove beyond a reasonable doubt that the person acted without lawful excuse. What counts as a lawful excuse depends on the facts and the law. This is general legal information, not legal advice.

Common Legal Terms

Terms marked with a dotted underline in the article above are defined here and available in the full site glossary.

Consent
Glossary entry →

The voluntary agreement of the complainant to engage in the sexual activity in question.

Indictable offence
Glossary entry →

An indictable offence is generally a more serious type of Canadian criminal offence. Some indictable matters have higher maximum penalties and may involve different court procedures, including election about the mode of trial in some cases.

Summary conviction
Glossary entry →

Summary convictions are used for lesser offences with penalties, fines and short jail time. They reflect the majority of offences as defined in the Code.

Legal sources

The official statute section(s) this page is based on. Always confirm against the official source before relying on it.

Government References

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General legal information only. Not legal advice. We do our best to keep this page accurate and up to date, but criminal law can change and every case depends on its facts. Check the review date and consult the Criminal Code or a criminal defence lawyer before relying on this information.

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Criminal Code Help explains selected Criminal Code offences and related legal concepts in plain language. The goal is to help readers understand the general meaning of the law without having to read the full statutory text.

This page is a simplified summary. It does not include every exception, definition, court interpretation, evidentiary issue, Charter issue, sentencing factor, or procedural rule that may apply in a real case.

Legal information, not legal advice

This page is general legal information only. It is not legal advice and should not be relied on as advice about any specific charge, investigation, court file, or personal situation.

Possible defences and legal issues depend on the facts, the evidence, the exact charge, current Canadian law, and the province or territory where the case is being handled. If you are facing a criminal charge or researching a real legal problem, speak with a criminal defence lawyer in your province or territory.