Editing Indecent exposure (section)

==== England and Wales ====

During the 19th and 20th centuries, indecent exposure was prosecuted under section 28 of the [[Town Police Clauses Act 1847]]<ref>{{Cite web|url=https://www.legislation.gov.uk/ukpga/1847/89/pdfs/ukpga_18470089_en.pdf|title=Town Police Clauses Act 1847 (as enacted)|website=Legislation.Gov.Uk|access-date=19 May 2018}}</ref> or section 4 of the [[Vagrancy Act 1824]]. The latter contained a provision for the prosecution of:
{{blockquote|every person wilfully openly, lewdly, and obscenely exposing his person in any street, road, or public highway, or in the view thereof, or in any place of public resort, with intent to insult any female&nbsp;...}}

This provision, and the nudity provision of the 1824 Vagrancy Act, were repealed by Schedule 7, s.140 of the [[Sexual Offences Act 2003]]. They were replaced by an offence that is both gender neutral, and more specific and explicit, '''66 Exposure'''.<ref>{{cite book|title=Public Indecency in England 1857–1960: 'A Serious and Growing Evil'|url=https://books.google.com/books?id=K1HeCQAAQBAJ|first1=David J.|last1=Cox|first2=Kim|last2=Stevenson|first3=Candida|last3=Harris|first4=Judith|last4=Rowbotham|publisher=Routledge|year=2015|isbn=9781317573838|volume=6|series=SOLON Explorations in Crime and Criminal Justice Histories|page=144}}</ref>
It is defined as

{{blockquote|A person commits an offence if—
# he intentionally exposes his genitals, and
# he intends that someone will see them and be caused alarm or distress.<ref name=soa/>}}

The maximum penalty is two years' imprisonment, very rare as most cases are dealt with by a fine or through community service.<ref name=soa>{{cite web|url=http://www.opsi.gov.uk/acts/acts2003/ukpga_20030042_en_5#pt1-pb18-l1g66 |title=Sexual Offences Act 2003 |author=Legislation.gov.uk |access-date=2010-09-14}}</ref><ref>{{cite web|website=legislation.gov.uk|publisher=The National Archives|title=Equality Act 2010|url=http://www.legislation.gov.uk/ukpga/2010/15/contents|access-date=9 February 2017}}</ref> If sentenced to a term of imprisonment or a [[community order]] in excess of 12 months such convicts (offenders) – or if the person they exposed themselves to was aged under 18 years old – they must appear on and sign the [[Violent and Sex Offender Register]].<ref>{{cite web|title=Sex Offenders Register|url=http://ukcriminallawblog.com/sex-offenders-register/|work=UK Criminal Law Blog|author=Dan Bunting|date=7 April 2015|access-date=14 May 2018|archive-date=27 February 2019|archive-url=https://web.archive.org/web/20190227082823/http://ukcriminallawblog.com/sex-offenders-register/|url-status=dead}}</ref>

In the past public nudity in England and Wales could also be punished as "disorderly behaviour" under the [[Public Order Act 1986]], sections 4A and 5.<ref>{{cite web|url=http://ukhumanrightsblog.com/2013/10/31/freedom-of-expression-nakedness-in-a-public-place/|title=Freedom of expression – nakedness in a public place |work=UK Human Rights Blog|date=31 October 2013}}</ref> However, the law was clarified in the spring of 2018 and those sections are no longer considered to apply to simple public nudity. Guidance from the [[Crown Prosecution Service]]<ref>{{cite web|url=https://www.cps.gov.uk/legal-guidance/nudity-public-guidance-handling-cases-naturism|title=Nudity in Public – Guidance on handling cases of Naturism |website=Crown Prosecution Service}}</ref> and the [[College of Policing]]<ref>{{cite web|url=http://library.college.police.uk/docs/nudity.pdf|title=Briefing note: Public nudity advice and decision aid|website=College of Policing|access-date=23 December 2018|archive-date=11 October 2018|archive-url=https://web.archive.org/web/20181011053529/http://library.college.police.uk/docs/nudity.pdf|url-status=dead}}</ref> does not recommend prosecution for public nudity if there is no implied intent to cause alarm (or distress). Intention can be inferred by [[circumstantial evidence]]; see [[Intention in English law]].

Occasional "streaking" by naked exhibitionists running across public sports fields is often enthusiastically applauded by the spectators, so negating any intention to cause alarm or distress. 
A common defence on arrest for indecent exposure is the innocent intent to urinate, but that may be prosecuted as a public nuisance. (At Holborn viaduct an old painted notice warns "Commit No Nuisance").