Invitation to sexual touching is a distinct offence from sexual interference, and it does not require that the accused actually touch the young person at all. This guide explains how this offence is defined under section 152 of the Criminal Code, how it differs from the related offence of sexual interference, potential penalties, and what generally happens after this kind of charge in Ontario. It is general legal information, not legal advice about a specific case.
What Is Invitation to Sexual Touching?
Section 152 of the Criminal Code makes it an offence for a person, for a sexual purpose, to invite, counsel, or incite a person under the age of 16 to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the accused's own body. This offence is complete once the invitation, counselling, or incitement occurs; the touching itself does not actually need to take place for the offence to be made out.
How This Differs From Sexual Interference
Sexual interference under section 151 involves the accused directly or indirectly touching the young person's body for a sexual purpose. Section 152 instead addresses the accused inviting, counselling, or inciting the young person to do the touching, whether that means touching the accused, touching a third person, or touching themselves. Because of this distinction, the two offences are sometimes charged together where the full course of conduct in a case includes both direct touching and invitations or encouragement toward further touching.
The Age of Consent Framework Still Applies
As with sexual interference, this offence is built around the age of the complainant rather than consent. The same close-in-age exceptions under section 150.1 of the Criminal Code apply: a 14- or 15-year-old can consent to sexual activity with a partner less than five years older, and a 12- or 13-year-old with a partner less than two years older, provided there is no relationship of trust, authority, dependency, or exploitation. See our sexual interference page for more detail on how this framework works.
Classification and Penalties
Invitation to Sexual Touching (Section 152) at a Glance
- Classification
- Hybrid offence (Crown elects summary conviction or indictment)
- Maximum penalty – indictment
- Up to 14 years imprisonment
- Maximum penalty – summary conviction
- Up to 2 years less a day
- Mandatory minimum – indictment
- 1 year imprisonment
- Mandatory minimum – summary conviction
- 90 days imprisonment
These figures reflect the Criminal Code as of this page's last update, matching the penalty structure for sexual interference. A criminal lawyer can confirm the current state of the law for a specific case.
Mandatory Minimums and Recent Changes
As with several other sexual offences involving young people, courts had found the mandatory minimum sentence for this offence unconstitutional in a number of decisions over the years, meaning it was not being consistently applied. Parliament's Protecting Victims Act (Bill C-16), which received Royal Assent in June 2026, restored this mandatory minimum along with a general "judicial safety valve" that allows a judge to impose a lower sentence only where the mandatory minimum would be grossly disproportionate for that specific offender. Most of these changes took effect in July 2026. A criminal lawyer can confirm the current, applicable state of the law for a specific case, since this is a very recent development.
This offence can be committed entirely through words or online communication, without any physical contact ever occurring. Because of this, digital evidence such as text messages, chat logs, or social media communications is often central to how these cases are investigated and prosecuted.
How This Relates to Other Sexual Offences
This offence frequently overlaps with sexual interference, and where the invitation or incitement occurs online, additional charges may apply, discussed on our internet-related sexual offences page. Where images are involved, the conduct may also intersect with the offences discussed on our child pornography offences page.
Because this offence does not require any physical contact, some people mistakenly believe that purely verbal or written conduct is somehow less serious in the eyes of the law. The Criminal Code treats this offence with the same maximum penalty as sexual interference, reflecting the serious harm that grooming and solicitation of minors can cause even without physical touching.
Possible Defences
Defending this charge often focuses on whether the Crown can prove the required sexual purpose behind the alleged invitation or communication, whether a close-in-age exception genuinely applies, and, in limited circumstances, whether the accused honestly and reasonably believed the complainant was 16 or older, a defence subject to significant legal limitations. Given the frequent role of digital communications in these cases, a careful review of the specific messages or interactions alleged is often central to assessing possible defences. A criminal lawyer should review the full disclosure before advising on a specific case.
What Happens After This Charge
A person charged with this offence is likely to face a contested bail hearing, and release conditions commonly include restrictions on internet use and contact with minors. The case then proceeds through the standard court process, including disclosure of any digital communications relied upon by the Crown, and either a resolution or a trial. See our sentencing overview and criminal records overview for more.
Investigations into this offence increasingly rely on preserved digital records, including chat histories, saved messages, and platform-provided data obtained through a production order or search warrant. Because these records can be extensive and technical, both the Crown and the defence often rely on a careful review of the full communication history rather than isolated messages taken out of context.
Frequently Asked Questions
Do I have to actually touch someone to be charged with this offence?
No. This offence is complete once the invitation, counselling, or incitement to touch occurs for a sexual purpose. The actual touching does not need to take place.
Can this offence happen entirely through text messages or online chat?
Yes. Because the offence focuses on inviting, counselling, or inciting touching, it can be committed entirely through written or online communication, without any in-person contact.
How is this different from sexual interference?
Sexual interference involves the accused directly or indirectly touching the young person. This offence involves inviting or encouraging the young person to do the touching, whether of the accused, a third party, or themselves.
Do the close-in-age exceptions apply to this offence too?
Yes. The same close-in-age exceptions under section 150.1 that apply to sexual interference also apply here, subject to the same limitations regarding relationships of trust, authority, or dependency.
Is the mandatory minimum for this offence currently enforced?
The mandatory minimum was restored, along with a narrow judicial safety valve, by the Protecting Victims Act in 2026, after having been found unconstitutional by several courts. A criminal lawyer can confirm the current, applicable rule for a specific case.