Indecent Exposure

In the ACT, it is a criminal offence to engage in Indecent Exposure. It carries a maximum penalty of a $3,200 fine, 1 year imprisonment, or both. 

What is the Offence of Indecent Exposure?

Pursuant to section 393 of the Crimes Act 1900 (ACT) it is a criminal offence for a person to expose his or her person in a public place, or within the view of a person who is in a public place. 

The word ‘indecent’ is not defined in the Crimes Act, however, it is generally an act that would ‘offend against decency’ of an ordinary member of the public. 

The following acts constitute Indecent Exposure:

• ‘Flashing’ someone by lifting a shirt, or dropping pants, in a public place;
• Exposing genitals in a public place; or 
• Standing naked in front of a window that opens onto a busy public street. 

What Must Be Proven?

For a person to be found guilty of an offence of Indecent Exposure the Prosecution must prove each of the following matters beyond a reasonable doubt:

• You exposed yourself in an indecent matter; and 
• You did so in a public place, or in any place within the view of a person who is in a public place. 

If the Prosecution does not prove every single one of the above elements, you will be found not guilty. 

Which Court Will Hear The Matter?

This offence is a summary only offence, which means that it will be dealt with in the Magistrates Court. 

Possible Defences to an Offence of Indecent Exposure?

• The act was not ‘indecent’; or 
• The act did not occur in a public place, or in view of a person in a public place; or 
• You did not intend to expose yourself, or the act was not voluntary.

Common questions about Indecent Exposure

Will I receive a criminal conviction?

A conviction and criminal record for this offence is likely. 

In the ACT, a Court can impose any of the following penalties for an offence of decent exposure:

• Full-time imprisonment 
• Intensive Corrections Order (ICO)
• Suspended Sentence 
• Good Behaviour Order
• Fine 
• Conviction
• Non-conviction Order 

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions and a conviction for Indecent Exposure might jeopardise your job or make it difficult to obtain visas for overseas travel. 

Will I go to Gaol for an Indecent Exposure charge?

It will depend on the specific circumstances and facts of your matter, among a number of other things. This offence carries a maximum term of imprisonment of 1 year, so it is possible to be sentenced to a period of full-time imprisonment. 

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.