A U.S.
conviction involving lewd conduct or an indecent act in public can be assessed for criminal inadmissibility under IRPA s. 36 after equivalency is determined.
IRPA
s. 36
Canada’s
offence (s. 173)
Criminal Code s.
173 prohibits willfully doing an indecent act in a public place (or
in the presence of one or more persons) in circumstances that could cause
offence.
Criminal
Code s. 173
Equivalency
chart (typical comparisons)
U.S. state | Common
offence type | Typical
Canadian match |
California | Lewd conduct
in public (PC 647(a)) | Often Criminal
Code s. 173 (indecent act) |
New York | Public
lewdness (PL 245.00) | Often s.
173 |
Minnesota | Indecent
exposure (617.23) and related public lewd behavior fact-patterns | Often s.
173 or s. 174 depending on record |
Why this
matters for couples/private situations
Some cases
arise from conduct that people assume was “private” (e.g., a car, park,
secluded area). Canadian analysis often turns on whether it is treated as a public
place or “public view” and the actual facts proven in court.
Criminal Code s. 173
For any kind
of inadmissibility issues, contact A&M Canadian Immigration Law Corporation.
Disclaimer: Educational only, not legal advice; laws and
policies can change; U.S. laws vary by state.
Sources
(Article 2):
