Editing Indecent exposure (section)

=== Australia ===

In Australia, it is a [[Summary judgment|summary]] or [[criminal]] offence in some [[States and territories of Australia|States and Territories]] to expose one's genitals (also referred to as "his or her person")<ref name="ReginaVEyles">{{cite AustLII|NSWSC|452|1997|litigants=R v Eyles |date=1 October 1997 |courtname=[[NSW Court of Criminal Appeal|Court of Criminal Appeal]] (NSW, Australia)}}.</ref> in a public place or in view of a public place. In some jurisdictions, exposure of the genitals alone does not constitute an offence unless accompanied by an indecent act, indecent behaviour, grossly indecent behaviour, [[obscenity]], intention to cause offence, or deliberate intention. The applicable law is different in each jurisdiction and in several jurisdictions the offence of indecent exposure does not apply.{{citation needed|date=February 2013}}

Penalties vary between jurisdictions and are summarised below. Specific state [[Act of Parliament|Acts]], are as follows:
*Australian Capital Territory – ''Crimes Act'' 1900, section 393 – 'indecent exposure' – penalty 12 months. Under the ''Nudity Act'' 1976, the responsible minister may declare a public area where public nudity is permitted.<ref>{{cite Legislation AU|ACT|act|ca190082|Crimes Act 1900|393}} Indecent exposure.</ref><ref>{{cite Legislation AU|ACT|act|na1976108|Nudity Act 1976}}.</ref>
*New South Wales – ''Summary Offences Act'' 1988, section 5 – 'wilful and obscene exposure' – penalty six months.<ref name="SOA1988">{{cite Legislation AU|NSW|act|soa1988189|Summary Offences Act 1988|5}} Obscene exposure.</ref>
*Northern Territory – ''Summary Offences Act'', section 50 – 'indecent exposure' – penalty 6 months.<ref>{{cite Legislation AU|NT|act|soa189|Summary Offences Act|50}} Penalty for indecent exposure of the person.</ref>
*South Australia – ''Summary Offences Act'' 1953, section 23 – 'Indecent behaviour and gross indecency' – penalty three months and six months respectively.<ref>{{cite Legislation AU|SA|act|soa1953189|Summary Offences Act 1953|23}} Indecent behaviour and gross indecency .</ref>
*Queensland – ''Summary Offences Act'' 2005 No. 4, section 9 – 'wilful exposure' – penalty 12 months.<ref>{{cite Legislation AU|Qld|act|soa2005189|Summary Offences Act 2005|9}} Wilful exposure.</ref>
*Tasmania – ''Police Offences Act'' 1935, section 21 – 'Prohibited behaviour' – penalty 12 months.<ref>{{cite Legislation AU|Tas|act|poa1935140|Police Offences Act 1935|21}} Prohibited behaviour.</ref> ''Police Offences Act'' 1935, section 14 – 'Public decency' – one penalty unit.<ref>{{cite Legislation AU|Tas|act|poa1935140|Police Offences Act 1935|14}} Public decency.</ref>
*Victoria – ''Summary Offences Act'' 1966, section 19 – 'wilful and obscene exposure' – penalty two years.<ref>{{cite Legislation AU|Vic|act|soa1966189|Summary Offences Act 1966|19}} Wilful and obscene exposure.</ref> Under the ''Nudity (Prescribed Areas) Act'' 1983<ref>{{cite Legislation AU|Vic|act|naa1983236|Nudity (Prescribed Areas) Act 1983}}</ref> the responsible minister may declare a public area where public nudity is permitted.
*Western Australia – ''Criminal Code'', section 203 – 'Indecent acts in public' – criminal penalty two years. Summary conviction penalty: 9 months and fine of $9,000.<ref>{{cite Legislation AU|WA|act|ccaca1913252/notes.html#appendixb|Criminal Code}} section 203.</ref>

==== Definition of ''person'' ====

The laws of New South Wales, the Australian Capital Territory and the Northern Territory use the term "person", while in the other States the exposure refers to the [[genitalia|genital area]]. It has been noted that a term such as "exposing one's person" relates back to the United Kingdom [[Vagrancy Act 1824|''Vagrancy Act'' 1824]] and ''Evans v Ewels'' (1972)<ref>''Evans v Ewels'' [1972] 1 [[Weekly Law Reports|WLR]] 671.</ref> where it was said that the word "person" was a [[euphemism|genteel synonym]] for "penis" or "vulva". However, it has been suggested that the word "person" in s5 of the (NSW) ''Summary Offences Act'' is not limited to "penis" or "vulva". For example, in ''R v Eyles'' (1997) the offender was seen [[masturbating]] in his front garden and charged with obscene exposure under the NSW Act.<ref name="ReginaVEyles" /><ref name="SOA1988" /> The judge noted, ''[[obiter dicta]]'', that

{{blockquote|In the case of both males and females, the parts of the body which are capable of being employed for the purpose of obscene exposure are limited. The concepts of obscenity and exposure in a practical sense restrict the potential operation of the provision. There is a question as to whether there is any further restriction to be found in the word "person". The [[Crown Advocate]] has submitted that there may be circumstances in which the exposure of the breasts of a woman is capable of being regarded as obscene, and that it is not difficult to imagine circumstances in which the exposure of a person's buttocks could be obscene.<ref name="ReginaVEyles" />}}