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The same close‑in‑age exemptions as outlined for the section 151 offence apply to the section 152 offence.

This is a hybrid offence, with a mandatory minimum sentence of imprisonment for one year (upon indictment) or 90 days (upon summary conviction).

In the case of child pornography, it is not necessary to prove that the depiction of the sexual activity was obscene.

A number of other offences where the age of the victim determines whether that particular offence has been committed are set out below.

There are, nonetheless, “close‑in‑age” exceptions for young people aged 12 to 14 and 14 to 16, where consent to sexual activity can be valid.

Consent is not a defence, however, when, for example, it is obtained by use of threats or force or when a person is incapable of giving consent.

It is an offence for anyone who is in a position of trust or authority toward a young person, or is a person with whom the young person is in a relationship of dependency, or is in a relationship with the young person that is exploitative of the young person to commit acts amounting to either sexual interference (section 151) or invitation to sexual touching (section 152) against the young person.

It’s normal to be confused and not ready to tell anyone about what happened right away.Even consensual activity with those under 14 but over 12 may not be an offence if the accused is less than two years older than the complainant.One exception to the age of consent is found in section 159 of the stipulates that the consent of complainants under specified ages is not a defence in particular cases enumerated in the section.It is an offence to touch any part of the body of a person under the age of 16 for a sexual purpose (which is not defined).When, however, an accused is charged with an offence under section 151 in respect of a complainant who is 12 years of age or more but under the age of 14 years, it is a defence that the complainant consented to the activity that forms the subject matter of the charge if the accused: If an accused is charged with an offence under section 151 in respect of a complainant who is 14 years of age or more but under the age of 16 years, it is a defence that the complainant consented to the activity that forms the subject matter of the charge if the accused: This is a hybrid offence8 with a mandatory minimum sentence of imprisonment for one year (upon indictment) or 90 days (upon summary conviction).

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