Obscene Exposure

The offence of Obscene Exposure carries a maximum penalty of a $1,100 fine and/or 6 months imprisonment. 

What is Obscene Exposure?

The offence of Obscene Exposure is set out under section 5 of the Summary Offences Act 1988 (NSW) (the Act) and states:

A person shall not, in or within view from a public place or a school, wilfully and obscenely expose his or her person.

Maximum penalty—10 penalty units or imprisonment for six months.

A public place is defined under section 3 of the Act as being:

(a)  a place (whether or not covered by water), or

(b)  a part of premises,

that is open to the public or is used by the public whether or not on payment of money or other consideration, whether or not the place or part is ordinarily so open or used and whether or not the public to whom it is open consists only of a limited class of persons, but does not include a school.

‘Obscene’ is not formally defined but can be interpreted as any conduct which offends citizens by violating acceptable community standards and ‘wilfully’ means to ‘intentionally’ do something e.g. being ‘dacked’ in a public place would not satisfy this offence, provided you pull your pants up in a timely fashion.

The following acts constitute Obscene Exposure:

• Pulling your pants down and exposing your buttocks next to a high school
• Exposing your genitals in a shopping centre
• Urinating on a public street

What Must be Proven?

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

• You exposed yourself in an obscene way
• You did so within sight of a public place or school

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 Offence meaning it will be dealt with in its entirety in the Local Court.

Possible Defences to Obscene Exposure

The following defences may be available for an Obscene Exposure charge:

• Duress 
• That you did not willfully exposure yourself
• That you did not know you were near a school/ an area deemed as a public place

Common Questions about Obscene Exposure

Will I receive a criminal conviction?

A conviction and criminal record for this offence is likely depending on the circumstances surrounding the offending. 

In NSW, a Court can impose any of the following penalties for an Obscene Exposure charge:

• Gaol Sentence
• Intensive Corrections Order (ICO)
• Community Corrections Orders (CCO)
• Conditional Release Order with conviction (CRO)
• Fine
• Conditional Release Order without conviction (CRO)
• S10A
• Section 10

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 Obscene Exposure might jeopardise your job or make it difficult to obtain visas for overseas travel. Moreover, a conviction for an offence of this nature can completely rule out certain career paths such as teaching and a range of government employment options. In some cases, a conviction may also result in sentences that include imprisonment even where an individual has no previous convictions.

Will I go to Gaol for an Obscene Exposure charge?

It is possible to go to Gaol for this offence if convicted and the likelihood depends on the Court’s discretion and the circumstances surrounding the offence.

What if no one saw me expose myself?

It is reasonable to assume that someone saw you expose yourself if the Police were called, however, it is not entirely relevant if no one saw you at the time of exposure as it is only necessary for the Prosecution to prove that a person could have seen you.

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