Sexual interference is an offence under section 151 of the Criminal Code that criminalizes the touching of a person under the age of 16 for a sexual purpose. Unlike sexual assault, sexual interference does not require force, threats, or the absence of consent — the offence is complete if the touching was for a sexual purpose and the complainant was under 16.
Sexual interference is a hybrid offence. If prosecuted by indictment, the maximum sentence is 14 years imprisonment and the mandatory minimum is one year. If prosecuted by summary conviction, the maximum is two years less a day and the mandatory minimum is six months. The Crown's election has a significant impact on the available sentence and the accused's procedural rights.
Defence strategies in sexual interference cases may include challenging the evidence that the touching occurred, challenging whether the touching was "for a sexual purpose," or raising the defence of honest but mistaken belief in the complainant's age under section 150.1(4) — which requires the accused to show they took all reasonable steps to ascertain the complainant's age. Credibility is usually the central issue in these cases, as there is often no physical evidence or independent witnesses.