This offence has been replaced with the charge of “Sexual Exposure” by Crimes Amendment (Sexual Offences) Act 2016.
Obscene exposure is the sort of charge regularly heard in the Magistrates’ Court.
This charge is generally laid in situations where a person exposes themselves in public.
In essence to prove this charge the Police must show that the accused wilfully and obscenely exposed his/her genital area and that the accused did so in or within view of a public place.
Defences to this charge can include a factual dispute, an honest and reasonable mistake of belief, an identification dispute, lack of intent, a mental impairment, or duress.
You should ring us and discuss your case if you have been charged.
Deciding on whether to plead guilty or not has consequences for you and should be made after proper discussion with a criminal defence lawyer.
This legislation comes from section 19 of the Summary Offences Act 1966.
In a case of Obscene exposure, the following defences may be applicable to the charge:
- Mental Impairment
- Honest and Reasonable Mistake of Belief
- Lack of Intent
- Factual Dispute and Concept of Beyond Reasonable Doubt
- Identification Dispute
What penalties can be imposed for a charge of Obscene exposure?
- Deferral of Sentencing
- Without Conviction Order
- Adjournment of the Charges on Undertaking (Good Behaviour Bond)
- Community Corrections Order
- Suspended Prison Sentence
- Term of Imprisonment
What is the legislation for the charge of Obscene exposure?
The legislation for this offence can be found on section 19 of Summary Offences Act 1966 .
Case studies related to the charge of Obscene exposure:
- Obscene Exposure – Investigation Closed
- Good Behaviour Bond for Obscene Exposure
- Obscene Exposure – Not Guilty