Acts of Indecency in the Australian Capital Territory

In the ACT, the Crimes Act 1900 contains sexual offences including sexual assault and offences involving acts of indecency. This page deals with offences involving acts of indecency, the maximum penalties and the criminal processes involved if you are charged with an act of indecency in the Australian Capital Territory. 

What is an act of indecency?

There is no definition of ‘act of indecency’ in the Crimes Act 1900. The common law has established that indecent acts are any acts that are against community standards of decency or that would offend ‘the ordinary modesty of the average person’.

Act of indecency in the first degree

 Section 57 of the Crimes Act 1900 makes it an offence to commit an act of indecency in the first degree. This offence occurs when grievous bodily harm is inflicted on a person with the intention of committing an act of indecency on the person or on someone else who is nearby.

The maximum penalty for this offence is imprisonment for 15 years, or 19 years when the offence is aggravated.

Act of indecency in the second degree

Under section 58 of the Crimes Act 1900, it is an offence to commit an act of indecency in the second degree. This offence occurs when actual bodily harm is inflicted on a person with the intention of committing an act of indecency on the person or on someone else who is nearby.

The maximum penalty for this offence is imprisonment for 12 years, or 15 years when the offence is aggravated.

Act of indecency in the third degree

 Section 59 of the Crimes Act 1900 makes it an offence to commit an act of indecency in the third degree. This offence occurs when a person assaults or threatens to do grievous bodily harm to another person with the intention of committing an act of indecency on the victim or on another person who is nearby.

The maximum penalty for this offence is imprisonment for 10 years, or 13 years when the offence is aggravated.

Act of indecency without consent 

Section 60 of the Crimes Act 1900 makes it an offence to commit an act of indecency without consent. The maximum penalty for this offence is imprisonment for seven years, or nine years when the offence is aggravated. 

Act of indecency with a young person

 Section 61 of the Crimes Act 1900 makes it an offence to commit an act of indecency with a young person. This offence occurs when a person commits an act of indecency on or in the presence of a child. This offence attracts different maximum penalties depending on the age of the child and whether the offence is aggravated. 

Aggravated offences involving acts of indecency

The above offences are aggravated if they are committed in the context of family violence. This means that a higher maximum penalty applies.  

Jurisdiction for acts of indecency in the Australian Capital Territory

Acts of indecency offences in the ACT are indictable and are finalised in the Supreme Court.

Seek legal advice for acts of indecency

If you have been charged with an act of indecency in the ACT, Armstrong Legal can provide thorough, timely legal advice. One of our experienced criminal solicitors will talk you through:

• The strengths and weakness in the prosecution case;
• Any available defences;
• The likely penalty range;
• The criminal process.

Applying for bail on an act of indecency charge in the ACT

If you have been remanded on an act of indecency charge in the ACT, Armstrong Legal can help you to apply for bail.

Bail applications in the ACT are made under the Bail Act 1992. The court will decide whether to grant an accused person bail after weighing their interests with the interests of the community.

When an adult applies for bail, the decision is made based on the criteria in section 22 of the Bail Act 1992.

When a juvenile applies for bail, the decision is made based on the criteria set out in section 23 of the Bail Act 1992. 

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