If you have a
U.S. conviction related to public nudity or indecent exposure,
Canadian officers may assess criminal inadmissibility under IRPA s.
36 after doing criminal equivalency (matching the U.S. offence to
the closest Canadian offence).
IRPA s. 36
Canada’s
offence (s. 174)
Canada’s
Criminal Code s. 174 addresses being nude in a public place (or
exposed to public view) without lawful excuse.
Criminal
Code s. 174
Equivalency
chart (typical comparisons)
U.S. state | Common
offence | Typical
Canadian match |
California | Indecent
exposure (PC 314) | Often Criminal
Code s. 174 (public nudity) and/or other sexual offences depending on
facts |
New York | Exposure of a
person (PL 245.01) | Often s.
174 (or sometimes s. 173 if framed as an “indecent act”) |
Minnesota | Indecent
exposure (MN 617.23) | Often s.
174 (or s. 173 depending on facts/record) |
Why inadmissibility can still apply: Even if a U.S. case is labelled a misdemeanor, a Canadian “equivalent” may still be a federal Criminal Code offence considered under IRPA s. 36.
Call A&M
Canadian Immigration Law Corporation: (204) 442-2786
Disclaimer: Educational only, not legal advice; laws and
policies can change; U.S. laws vary by state.
Sources:
