Sexual interference is a distinct offence from sexual assault, built specifically around the age of the complainant rather than the presence or absence of consent. This guide explains how sexual interference is defined under section 151 of the Criminal Code, how Canada's age of consent framework works, 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 Sexual Interference?
Section 151 of the Criminal Code makes it an offence for a person to touch, directly or indirectly, any part of the body of a person under the age of 16, for a sexual purpose. Unlike sexual assault, this offence does not require the Crown to prove a lack of consent; the age of the complainant is the central element, along with the sexual purpose behind the touching.
The Age of Consent and Close-in-Age Exceptions
Section 150.1 of the Criminal Code sets the general age of consent to sexual activity at 16. However, the law includes narrow close-in-age exceptions intended to avoid criminalizing consensual relationships between young people close in age: a person aged 14 or 15 can legally consent to sexual activity with a partner who is less than five years older, and a person aged 12 or 13 can consent to sexual activity with a partner less than two years older. These exceptions do not apply where a relationship of trust, authority, or dependency exists between the parties, or where the relationship is otherwise exploitative. If the age gap falls outside these specific ranges, even slightly, the exception does not apply.
Why This Offence Does Not Turn on Consent
Because a person under 16 is generally considered legally incapable of consenting to sexual activity with someone outside a close-in-age exception, this offence is built around age rather than the presence of apparent agreement. This means that even where a younger person appeared willing, or even initiated contact, this does not provide a defence if the age and relationship requirements of the offence are met. The law treats this as necessary to protect young people from exploitation, regardless of apparent willingness.
Classification and Penalties
Sexual Interference (Section 151) 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. See the next section for important recent changes affecting these mandatory minimums. A criminal lawyer can confirm the current state of the law for a specific case.
Mandatory Minimums and Recent Changes
The mandatory minimum sentences for sexual interference were found unconstitutional by several provincial appellate courts, including the Ontario Court of Appeal, in decisions issued over the past several years, meaning they were not consistently being applied. In June 2026, Parliament's Protecting Victims Act (Bill C-16) restored these mandatory minimums, along with a general "judicial safety valve" allowing a judge to impose a lower sentence only in the rare case where the mandatory minimum would be grossly disproportionate for that specific offender. Most of these changes took effect in July 2026. Because this is a very recent and significant change, a criminal lawyer can confirm exactly how it applies to a specific case.
Sexual offences involving young people are treated with particular seriousness by Ontario Crown attorneys, and the law in this area, including mandatory minimum sentences, has changed significantly through both court decisions and recent legislation.
How This Relates to Other Sexual Offences
Sexual interference is closely related to invitation to sexual touching, which addresses inviting or counselling a person under 16 to touch someone else's body for a sexual purpose, rather than the accused touching the young person directly. Where the underlying conduct also meets the requirements of sexual assault, both charges can potentially apply. Where the conduct involves images or online communication, additional charges may apply, discussed on our child pornography offences page and internet-related sexual offences page.
These cases sometimes arise within families or trusted relationships, such as coaching, mentoring, or caregiving arrangements. Where a relationship of trust or authority exists, the close-in-age exception does not apply regardless of how close the ages of the two people actually are.
Possible Defences
Defending this charge often focuses on whether a close-in-age exception genuinely applies based on the specific ages and relationship involved, whether the Crown can prove the required sexual purpose behind the alleged touching, and, in some cases, whether the accused honestly and reasonably believed the complainant was 16 or older, though this defence is subject to significant legal limitations, particularly where the accused did not take reasonable steps to ascertain the complainant's age. Given the seriousness of these charges, a thorough review of the specific disclosure by an experienced criminal lawyer is essential.
What Happens After This Charge
A person charged with sexual interference is likely to face a contested bail hearing, and release conditions commonly include restrictions on contact with minors generally, not just the specific complainant. The case then proceeds through the standard court process, including disclosure and either a resolution or a trial. See our sentencing overview and criminal records overview for more, including information relevant to sex offender registration requirements that can follow a conviction.
Sentencing for sexual interference reflects the significant harm Parliament and the courts recognize in the sexual exploitation of children, and courts consider factors such as the age gap between the parties, whether a position of trust was abused, the duration and nature of the conduct, and any impact on the young person, often documented through a victim impact statement. See our sentencing overview for the general principles Ontario courts apply.
Frequently Asked Questions
Does it matter if the younger person consented or seemed willing?
No. Because a person under 16 is generally considered legally incapable of consenting outside a close-in-age exception, apparent willingness does not provide a defence to this charge.
What are the close-in-age exceptions?
A 14- or 15-year-old can legally consent to 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 involved.
Can I be charged if I believed the person was over 16?
A mistaken belief about age is subject to significant legal limitations and generally requires that the accused took reasonable steps to ascertain the person's age. This is a complex, fact-specific defence.
Is there a mandatory minimum sentence for this offence?
Yes, though its enforceability was uncertain for several years after courts, including the Ontario Court of Appeal, found it unconstitutional. It was restored, with a narrow judicial safety valve, by the Protecting Victims Act in 2026.
Does a conviction lead to sex offender registration?
A conviction for sexual interference generally results in an obligation to register under applicable sex offender registry legislation. See our criminal records overview for more on the broader consequences of a conviction.