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Note: Specimen jury instructions serve as a template that trial judges must adapt to the particular circumstances of each trial, not simply read out in whole. They are not designed to be delivered "as-is." More information about the use of specimen instructions is found in the Preface and A Note to Users, which you can find here.
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Offence 151: Sexual Interference

(s. 151)

(Last revised March 2014)

[1]               (NOA) is charged with sexual interference. The charge reads:

(Read relevant parts of indictment or count.)

[2]              You must find (NOA) not guilty of sexual interference unless the Crown has proved beyond a reasonable doubt that (NOA) is the person who committed the offence on the date and in the place described in the indictment.[312] Specifically, the Crown must prove each of the following essential elements of the offence beyond a reasonable doubt:

1.   that (NOC) was less than sixteen years old at the time;

2.   that (NOA) intentionally touched (NOC), either directly or indirectly; and

3.   that the touching was for sexual purpose.

Unless you are satisfied beyond a reasonable doubt that the Crown has proved all these essential elements, you must find (NOA) not guilty of sexual interference.

If you are satisfied beyond a reasonable doubt of all these essential elements [and you have no reasonable doubt[313] after considering the defence(s) (specify defences) about which I will instruct you], you must find (NOA) guilty of sexual interference.

[3]              To determine whether the Crown has proved these essential elements, consider the following questions:

[4]              First – Was (NOC) less than sixteen years old at the time?

A person becomes sixteen years old on his or her sixteenth birthday. The Crown does not have to prove that (NOA) knew how old (NOC) was at the time.[314]

(Review relevant evidence and relate to issue.)

Unless you are satisfied beyond a reasonable doubt that (NOC) was less than sixteen years old at the time, you must find (NOA) not guilty of sexual interference. Your deliberations would be over.

If you are satisfied beyond a reasonable doubt that (NOC) was less than sixteen years old at the time, you must go on to the next question.

[5]              Second – Did (NOA) intentionally touch (NOC), either directly or indirectly?

Touching involves physical contact with any part of a person’s body. The contact may be direct, for example, touching a person with a hand or other part of the body, or indirect, for example, touching a person with an object. Force is not required. Nor does it matter whether (NOC) agreed to the touching.[315]

The touching must be intentional, as opposed to accidental.

(Review relevant evidence and relate to issue.)

Unless you are satisfied beyond a reasonable doubt that (NOA) intentionally touched (NOC), you must find (NOA) not guilty of sexual interference. Your deliberations would be over.

If you are satisfied beyond a reasonable doubt that (NOA) intentionally touched (NOC), then you must go on to the next question.

[6]              Third – Was the touching for a sexual purpose?

The touching had a sexual purpose if it was done for (NOA)’s sexual gratification or for the purpose of violating (NOC)’s sexual integrity, including any act meant to degrade or demean (NOC) in a sexual way.

(Review relevant evidence and relate to issue.)

To determine the purpose of the touching, you should consider all the circumstances surrounding it. Consider what was said and what was done. Take into account the part of the body that was touched and the nature of the contact. Bear in mind any words or gestures that accompanied the touching. It is for you to say whether, in all the circumstances, you are satisfied beyond a reasonable doubt that (NOA) had a sexual purpose when s/he touched (NOC).

Unless you are satisfied beyond a reasonable doubt that (NOA) intentionally touched (NOC) for a sexual purpose, you must find (NOA) not guilty.

If you are satisfied beyond a reasonable doubt that (NOA) intentionally touched (NOC) for a sexual purpose, [and you have no reasonable doubt with respect to (specify defence)], you must find (NOA) guilty.

[312]  Where identity is an issue, remember to include any further instructions that may be relevant (e.g., eyewitness identification, alibi, similar fact, etc.). Where date is an issue, the jury must be told that the Crown must prove that the offence occurred within the time frame indicated in the indictment. Where place is an issue, the jury must be told that the Crown must prove that some part of the offence occurred in the place indicated in the indictment.

Generally, the Crown must prove the date and place specified in the indictment. However, where there is a variation between the evidence and the indictment, refer to s. 601(4.1) of the Criminal Code and the jurisprudence following R. v. B. (G.), [1990] 2 S.C.R. 3.

[313] Insert the bracketed words if appropriate. This instruction will have to be modified where the accused has a legal burden of proof, such as for mental disorder or non-insane automatism.

[314] This paragraph should be modified if the accused asserts a mistaken belief in age and there is evidence on which the jury could find that the accused had taken all reasonable steps to find out the child’s age. See Criminal Code, s. 150.1(4).

[315] This instruction should be modified if the “adolescent sex” defence in s. 150.1(2) applies.