Indecent Acts

In Queensland, section 227 of the Criminal Code makes it is against the law to wilfully do something ‘indecent’ in a public place or in front of another person without their consent.   If a person does so, they can be charged with the criminal offence of committing an Indecent Act. 

The maximum penalty for this charge is 2 years’ imprisonment. 

What is an ‘Indecent’ Act?

The law says a person commits an Indecent Act offence when they:

• wilfully and without lawful excuse do any indecent act in any place to which the public are permitted to have access, whether on payment of a charge for admission or not, or

• wilfully do any indecent act in any place with intent to insult or offend any person”

The word ‘indecent’ in this section has its ordinary meaning. Common law precedent tends to suggest that for a person’s actions to be considered indecent, the actions must be more than merely unbecoming or offensive to common propriety, and there must be some kind of sexual connotation to it, or it must be done for some sexual gratification by the alleged offender.

 Whether an act is ‘indecent’ must be determined with consideration to its complete context including the timing within which it is alleged to have happened, the place it has occurred and the circumstances surrounding the offence.

The following acts constitute commission of an Indecent Act:

• Streaking at a football game
• Exposing your genitals in a public park
• Masturbating in public 
• ‘Mooning’ someone where the act is intended to insult or offend the person you have exposed your backside to.
• Pretending to perform a sexual act on another person

What Must be Proven?

For a person to be found guilty of committing an Indecent Act, the Prosecution must prove each of the following matters:

• That the Defendant did an Act
• The Act was done wilfully (or if charged under s277(1)(b) knowing the act had the tendency to insult or offend)
• The act was not authorised or justified law, or excused by some lawful defence
• The Act was ‘Indecent’
• The Act was done in a public place (or if charged under s277(1)(b), with the intention to insult or offend any person)

If the Prosecution cannot prove every one of the above elements to the requisite standard (beyond a reasonable doubt), the person charged should be found not guilty. 

Which Court Will Hear the Matter?

This offence is a misdemeanor and will be finalised summarily before the Magistrates Court.

Possible Defences to an Indecent Acts Charge

The following defences may be available for an Indecent Acts charge:

• The act was not done in a public place;
• The act was not done wilfully;
• The act was not done with the intention to insult or offend.
• It is also a defence under section 227 of the Act if the indecent act is performed under the authority of an adult entertainment permit.

Common Questions about the offence of committing an Indecent Act

Will I go to Gaol or have a criminal record if I am convicted of this offence?

The following is a list of potential sentences the Court can hand down (in order of seriousness, from least serious to most serious):

• Convict and not further punish
• Release upon entering into a recognisance, with no conviction recorded (also known as a Good Behaviour Bond)
• A monetary fine
• Probation 
• Community Service
• An Intensive Corrections Order
• Suspended Orders of Imprisonment
• Imprisonment 

The likely sentence a person will receive for this kind of offence will vary depending on a number of factors, including: 

• • The Defendant’s character, age, mental health and intellectual capacity
  • Details of their specific case and the objective seriousness of the conduct alleged
  • Whether any harm or fear has been caused to members of the community, and the extent of that harm 
  • Any additional aggravating features (for example that a child or children were exposed the indecent act)
  • Whether the person has any criminal history (in particular, if a person has previous convictions for sexually deviant offending, they are more likely to be sentenced to a more serious sentence, involving lengthy supervision or imprisonment)
• In Queensland, our Penalties and Sentences Act 1992 (QLD) dictates that if a person is convicted of an offence of a sexual nature committed in relation to a child under 16 years, the offender must serve an actual term of imprisonment unless there are exceptional circumstances.
• Any time the Court orders a term of imprisonment for an offence (even if the imprisonment is wholly suspended, or the person is granted immediate parole) the Court must record a conviction. This means the offence will appear on the person’s Court outcomes, and the person will have recorded criminal history.  In most other cases the Court will have discretion whether to record a conviction as a part of the sentencing orders.  In deciding whether to record a conviction or not, the Court will usually have regard to:
  • the nature of the offence (sexual offending and dishonesty offending can often present a higher risk of having a conviction recorded)
  • the offender’s character and age; and
  • the impact recording a conviction will have on their economic or social wellbeing or their chances of finding employment.

What should I do if I am contacted by Police about a charge of committing an Indecent Act? 

If you are contacted by Police and they want to talk to you about a charge of committing an Indecent Act, it is important you receive good advice at the earliest opportunity and before speaking with Police or anyone else about the matter.  Armstrong Legal provides expert legal advice and representation for offences of this nature.

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