Editing Indecent exposure (section)

==== 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" />}}