152. Every person who, for a sexual purpose, invites, counsels or incites a person under the age of 16 years to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the body of the person under the age of 16 yearsThe charge is related to sections 151 and 153, and it is not uncommon for several variations of the same delict to be charged on the same indictment. Mandatory minimum sentences are prescribed whether the Crown proceeds by way of summary conviction or indictment.
Defences to this charge are limited, and are invariably fact driven. Mistake of age is a permissible defence, but only if the accused took reasonable steps in the circumstances to ascertain the age of the complainant. Factually, the question of whether the invitation in question was "sexual" in nature may be at issue, and determinations in this regard will be related to the context of the situation - who, when and where (on the body) did the touching occur.
A conviction on this charge will also require the offender to register in the national sex offender registry. Further, the charge is subject to Christopher's Law and will require registration in Ontario's offender registry (if the conviction occurs in Ontario). Both DNA and a weapons prohibition are available to the Crown.