2 years (indictable, both offences) / 2 years less a day (summary, subsec. 173(1)) / 6 months (summary, subsec. 173(2))
Both offences in this section are hybrid and are deemed indictable under IRPA s.36(3)(a), so either creates criminality under s.36(2). The 2-year indictable maximum stays well below the 10-year threshold, so neither is serious criminality on the maximum alone. Subsection 173(2), exposure to a person under 16, carries mandatory minimums of 90 days indictable and 30 days summary; those fall short of the more-than-six-months test in s.36(1)(a), but the subject matter weighs heavily in any later rehabilitation or discretionary assessment.
Indecent behaviour in public, and the separate offence of exposing yourself to someone under 16. Both top out at 2 years, so this reads as ordinary criminality rather than the serious kind. The version involving a child carries a mandatory minimum of 90 days, and it weighs on a file far more heavily than its maximum implies.
(1) Everyone who wilfully does an indecent act in a public place in the presence of one or more persons, or in any place with intent to insult or offend any person, (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than two years; or (b) is guilty of an offence punishable on summary conviction. (2) Every person who, in any place, for a sexual purpose, exposes his or her genital organs to a person who is under the age of 16 years (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than two years and to a minimum punishment of imprisonment for a term of 90 days; or (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than six months and to a minimum punishment of imprisonment for a term of 30 days.