Indecent exposure: Difference between revisions
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{{mergeto|Public indecency|date=June 2008}} |
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this girl likes this |
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{{seealso|Public indecency|Exhibitionism}} |
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she gets her rat out of dog walkers and welshmen http://profile.myspace.com/index.cfm?fuseaction=user.viewprofile&friendid=397720722&MyToken=e890ba3e-e628-450b-b324-36aa17ed1c3b |
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'''Indecent exposure''' is the deliberate exposure by a person of a portion or portions of his or her own body under circumstances where such an exposure is likely to be seen as contrary to the local prevalent standards of decency <ref>Merriam-Webster's Collegiate Dictionary, Tenth Edition (Merriam-Webster Inc., 2001), "indecent exposure" p. 589</ref>, and may in fact be a violation of law. In some countries a breach of the standards of [[modesty]] may constitute public indecency. |
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==Overview== |
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{{Unreferencedsection|date=October 2006}} |
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{{limitedgeographicscope}} |
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What constitutes [[decency|indecent]] exposure depends on the standards of decency of the community where the exposure takes place. These standards can vary from the very strict standards of [[modesty]] imposed on women by the [[Taliban]] [[regime]] of [[Afghanistan]], which imposed the wearing of the [[Burqa]] . In [[Pakistan]], exposure of any part of an adult woman's body is considered indecent except for arms up to elbows, feet and head including neck; however, wearing half sleeves and keeping the head uncovered are considered liberal and modern rather than the norm.{{Fact|date=February 2007}} |
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Even within a community, what will be seen as indecent will also depend on the context in which the exposure takes place. For example, it would be a reasonable expectation to see a [[nudity|naked]] person on a designated [[nude beach]]. However, even on that beach it may not be expected to witness explicit sexual activity. Indecent exposure is normally understood to be exposure of an [[adult]]'s [[genitalia]], but it may also involve [[masturbation]], [[sexual intercourse]], and the like in a [[public place]]. {{Fact|date=February 2007}} |
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The standards of decency may also vary over time. During the [[Victorian era]], for example, exposure of a [[woman]]'s [[leg]]s was considered indecent in much of the [[Western world]]. As late as the 1930s, both women and men were largely prevented from bathing or swimming in public places without wearing [[bathing suit]]s that covered above the waist. An adult woman exposing her [[navel]] was also considered indecent in the West up through as late as the 1960s and 1970s. Today, however, it is quite common for women to go topless at public beaches throughout [[Europe]], [[South America]], [[Australia]] and [[New Zealand]]. |
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What qualifies as ''indecent exposure'' varies with the authority having jurisdiction. Indecent exposure is often prohibited as a [[sex crime|criminal offense]]. For example, before the [[Labour Party (UK)|Labour Party of the United Kingdom]] revised the law, "''indecent exposure''" was defined exclusively as a [[man]] exposing his [[Erection|erect]] [[penis]] to the public. {{Fact|date=February 2007}} |
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Although the phenomenon widely known as [[exhibitionism|flashing]] may be free from sexual motive or intent, it nonetheless requires the public exposure of the genitals and/or [[breasts]] and is therefore defined by statute in many states of the United States as prohibited criminal behavior.[http://www.law.cornell.edu/topics/state_statutes2.html#criminal_code] |
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The motivation of the exposure is sometimes based on it being unusual and/or inappropriate, such as when it is for fun, as a protest, or to show disrespect; the effects (including negative consequences) may be enhanced by intended or unintended publication of a photograph or film of the act. See also [[mooning]]. |
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[[Breastfeeding]] does not constitute indecent exposure under the laws of the [[United States]], [[Canada]], [[Australia]], or [[Scotland]]<ref name="Scotlandact">{{cite web | authorlink = Queen's Printer for Scotland | title = Breastfeeding etc. (Scotland) Act 2005. | url = http://www.opsi.gov.uk/legislation/scotland/acts2005/20050001.htm | accessdate = 2007-05-22 }}</ref>. In the United States, the [[Government of the United States|federal government]] and the majority of states have enacted laws specifically protecting nursing mothers from harassment by others. Legislation ranges from simply exempting breastfeeding from laws regarding indecent exposure, to outright full protection of the right to nurse. |
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==Legal status in the United Kingdom== |
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In England and Wales the offence of 'Indecent Exposure' and various archaic Victorian offences were repealed by the [[Sexual Offences Act 2003]]. There is now no explicit prohibition of nudity. The replacement was carefully worded so that it did not apply to skinny dipping, nude sunbathing and similar activities. It only applies to aggressive exposure such as flashing. [http://www.opsi.gov.uk/acts/acts2003/ukpga_20030042_en_5#pt1-pb18-l1g66 section 66 's.66 Exposure'] states that 'A person commits an offence if— (a) he intentionally exposes his genitals, and (b) he intends that someone will see them and be caused alarm or distress.' NB this applies equally to both male and female. The maximum penalty is 2 years imprisonment. |
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The situation is Northern Ireland is complex as some parts of this Act apply but others do not and the Assembly is considering new legislation [mid 2008]. |
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In Scotland a Bill with more repressive wording is currently proposed [mid 2008]. |
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Exposure of the female breast is not an offence in most and perhaps all European Countries. Any such prohibition would probably be contrary to the [[European Convention on Human Rights]]. |
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==Legal status in the United States== |
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===History=== |
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[[Image:BathingMachineDontBeAfraid.jpg|thumb|225px|right|Man and woman in swimsuits, ca. 1910; she is exiting a [[bathing machine]]]] |
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[[Image:Annette Kellerman.jpg|thumb|left|Annette Kellerman, early 1900s]] |
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In the early 1900s, women were expected to wear cumbersome dress and pantaloon combinations when swimming. In 1907, [[Annette Kellerman]], an Australian swimmer, was arrested on a Boston beach for public indecency for wearing her trademark one-piece [[swimsuit]]. After a public outcry at the arrest, the style had become generally acceptable by the 1910s.<ref>[http://web.archive.org/web/20051118190716/http://liveandlearn.com.au/Dawn/54/herstorykellerman54.htm cached version of Herstory: Annette Kellerman], [[Internet Archive]]</ref> |
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===Laws=== |
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In the fifty states of the United States indecent exposure is defined by state law as exposure of the genitals and/or the female breast in a public place and may in some states require evidence of intent to shock, arouse or offend other persons. Public place is any place where the conduct may reasonably be expected to be viewed by others. |
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The offense is variously titled "indecent exposure", "sexual misconduct", "public lewdness", or "public indecency". It is a criminal offense in all fifty states{{Fact|date=July 2008}} and is punishable by fines and/or imprisonment, and in some states a conviction results in having to register as a sex offender. |
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Links to state criminal codes may be found at the [http://www.law.cornell.edu/topics/state_statutes2.html#criminal_code Cornell Law School Index]. |
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;Specific state statutes on indecent exposure: |
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{{MultiCol}} |
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*[http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm Alabama statute] |
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*[http://www.touchngo.com/lglcntr/akstats/Statutes/Title11/Chapter41/Section458.htm Alaska statute] |
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*[http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/13/01402.htm&Title=13&DocType=ARS Arizona statute] |
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*[http://www.arkleg.state.ar.us/NXT/gateway.dll?f=templates&fn=default.htm&vid=blr:code Arkansas statute] |
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*[http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=2080068543+5+0+0&WAISaction=retrieve California statute] |
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*[http://198.187.128.12/colorado/lpext.dll/Infobase4/2abee/2dc4d/2ddab/2ddac?f=templates&fn=document-frame.htm&2.0#JD_18-7-301 Colorado statute] |
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*[http://www.cga.ct.gov/2001/pub/Chap952.htm#sec53a-186.htm Connecticut statute] |
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*[http://198.187.128.12/delaware/lpext.dll?f=templates&fn=fs-main.htm&2.0 Delaware statute] |
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*[http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0800/titl0800.htm&StatuteYear=2006&Title=%2D%3E2006%2D%3EChapter%20800 Florida statute] |
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*[http://w3.lexis-nexis.com/hottopics/gacode/default.asp Georgia statute] |
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*[http://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0707/HRS_0707-0734.HTM Hawaii statute] |
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*[http://www3.state.id.us/cgi-bin/newidst?sctid=180410016.K Idaho statute] |
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*[http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+11&ActID=1876&ChapAct=720%26nbsp%3BILCS%26nbsp%3B5%2F&ChapterID=53&ChapterName=CRIMINAL+OFFENSES&SectionID=60625&SeqStart=13100000&SeqEnd=16500000&ActName=Criminal+Code+of+1961%2E Illinois statute] |
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{{ColBreak}} |
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*[http://www.in.gov/legislative/ic/code/title35/ar45/ch4.html Indiana statute] |
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*[http://www.legis.state.ia.us/IACODE/1999/709/9.html Iowa statute] |
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*[http://www.kslegislature.org/legsrv-statutes/getStatuteFile.do?number=/21-3508.html Kansas statute] |
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*[http://www.lrc.state.ky.us/KRS/510-00/CHAPTER.HTM Kentucky statute] |
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*[http://www.legis.state.la.us/lss/lss.asp?doc=78258 Louisiana statute] |
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*[http://janus.state.me.us/legis/statutes/17-a/title17-Asec854.html Maine statute] |
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*[http://www.nac.oshkosh.net/StatesFrames/State_Laws_Frames/Maryland_Laws/body_maryland_laws.html Maryland statute] |
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*[http://www.mass.gov/legis/laws/mgl/272-16.htm Massachusetts statute] |
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*[http://www.legislature.mi.gov/(S(duluox45xmbddj45ip4ulk45))/mileg.aspx?page=getObject&objectName=mcl-750-335a Michigan statute] |
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*[http://ros.leg.mn/bin/getpub.php?pubtype=STAT_CHAP_SEC&year=2006§ion=617.23 Minnesota statute] |
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*[http://198.187.128.12/mississippi/lpext.dll/Infobase/1f09b/1fa4f/1fa51/1fa9d?fn=fs-main-doc.htm&f=templates Mississippi statute] |
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*[http://www.moga.state.mo.us/statutes/C500-599/5660000093.HTM Missouri statute] |
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*[http://data.opi.state.mt.us/bills/mca/45/5/45-5-504.htm Montana statute] |
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{{ColBreak}} |
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*[http://uniweb.legislature.ne.gov/legaldocs/view.php?page=s2808006000 Nebraska statute] |
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*[http://www.leg.state.nv.us/NRS/NRS-201.html#NRS201Sec220 Nevada statute] |
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*[http://www.gencourt.state.nh.us/rsa/html/LXII/645/645-1.htm New Hampshire statute] |
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*[http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=36381967&Depth=2&depth=&expandheadings=on&headingswithhits=on&hitsperheading=on&infobase=statutes.nfo&record={16DD}&softpage=Doc_Frame_PG42 New Jersey statute] |
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*[http://www.conwaygreene.com/nmsu/lpext.dll?f=templates&fn=main-h.htm&2.0 New Mexico statute] |
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*[http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS New York statute] |
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*[http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-190.9.html North Carolina statute] |
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*[http://www.legis.nd.gov/cencode/t121c20.pdf North Dakota statute] |
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*[http://codes.ohio.gov/orc/2907.09 Ohio statute] |
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*[http://oklegal.onenet.net/oklegal-cgi/ifetch?Oklahoma_Statutes.99+843114506372+F Oklahoma statute] |
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*[http://www.leg.state.or.us/ors/163.html Oregon statute] |
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*[http://members.aol.com/StatutesP8/18PA3127.html Pennsylvania statute] |
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*[http://www.rilin.state.ri.us/Statutes/TITLE11/11-45/11-45-1.HTM Rhode Island statute] |
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{{ColBreak}} |
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*[http://www.scstatehouse.net/code/t16c015.htm South Carolina statute] |
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*[http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=22-24-1.1 South Dakota statute] |
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*[http://198.187.128.12/tennessee/lpext.dll?f=templates&fn=fs-main.htm&2.0 Tennessee statute] |
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*[http://tlo2.tlc.state.tx.us/statutes/pe.toc.htm Texas statute] |
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*[http://le.utah.gov/~code/TITLE76/htm/76_0B035.htm Utah statute] |
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*[http://www.leg.state.vt.us/statutes/sections.cfm?Title=13&Chapter=059 Vermont statute] |
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*[http://leg1.state.va.us/cgi-bin/legp504.exe?000+coh+18.2-387+500332 Virginia statute] |
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*[http://apps.leg.wa.gov/RCW/default.aspx?cite=9A.88.010 Washington statute] |
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*[http://www.legis.state.wv.us/WVCODE/61/WVC%2061%20%20-%20%208%20%20-%20%20%209%20%20.htm West Virginia statute] |
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*[http://www.legis.state.wi.us/statutes/Stat0944.pdf Wisconsin statute] |
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*[http://michie.lexisnexis.com/wyoming/lpext.dll?f=templates&fn=main-h.htm Wyoming statute] |
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{{EndMultiCol}} |
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Indecent exposure is also defined as a crime by the [http://thomas.loc.gov/cgi-bin/cpquery/?&sid=cp109t64JM&refer=&r_n=hr360.109&db_id=109&item=&sel=TOC_541065& U.S. Uniform Code of Military Justice Sec. 552.] regarding rape, sexual assault, and other sexual misconduct. |
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'''Exemption for breastfeeding of infants''' |
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A majority of states exempt [[breastfeeding]] mothers from prosecution under these statutes. [http://www.ncsl.org/programs/health/breast50.htm][http://www.lalecheleague.org/Law/LawBills.html] |
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[http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=106_cong_public_laws&docid=f:publ058.106 U.S. Public Law 106-58 Sec. 647.] enacted in 1999, specifically provides that "a woman may breastfeed her child at any location in a Federal building or on Federal property, if the woman and her child are otherwise authorized to be present at the location." |
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Note: the application of state and federal statutes in the US may be modified by judicial precedent. [http://www.answers.com/topic/case-law][http://library.findlaw.com/1999/Jan/1/241487.html] |
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==Legal status in Australia== |
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In Australia, it is a [[Summary judgment|summary]] or [[criminal]] offence prohibited by laws of some [[States and territories of Australia|States and Territories]] to expose one's genitals (also refered to as - 'his or her person' <ref>[http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/nsw/NSWSC/1997/452.html?query=obscene%20exposure Regina v Eyles Matter No 60305/97 (1997)] NSWSC 452 (1 October 1997)</ref>) in a public place or in view of a public place. In other [[States and territories of Australia|States and Territories]] the exposure of the genitals alone does not constitute an offence unless accompanied by an indecent act, indecent behaviour, grossly indecent behaviour, [[obscenity]], intention to cause offence or deliberate intention. The applicable law is different in each jurisdiction and in several jurisdictions the offence of indecent exposure does not apply. |
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Penalties for the various offences vary between jurisdictions and are summarised below. |
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;For specific state [[Act of Parliament| Acts]] see: |
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*Australian Capital Territory - [http://www.austlii.edu.au/au/legis/act/consol_act/ca190082/s393.html Crimes Act 1900 - Section 393] - 'indecent exposure' - penalty 12 months |
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*New South Wales - [http://www.austlii.edu.au/au/legis/nsw/consol_act/soa1988189/s5.html Summary Offences Act 1988 - Section 5] - 'wilful and obscene exposure' - penalty 6 months |
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*Northern Territory - [http://www.austlii.edu.au/au/legis/nt/consol_act/soa189/s50.html Summary Offences Act - Section 50] - 'indecent exposure' - penalty 6 months |
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* South Australia - [http://www.austlii.edu.au/au/legis/sa/consol_act/soa1953189/s23.html Summary Offences Act 1953 - Section 23] - 'Indecent behaviour and gross indecency' - penalty 3 months and 6 months respectively |
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*Queensland - [http://www.austlii.edu.au/au/legis/qld/num_act/soa2005n4216/s9.html Summary Offences Act 2005 No. 4 - Section 9] - 'wilful exposure' - penalty 12 months |
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*Tasmania - [http://www.austlii.edu.au/au/legis/tas/consol_act/poa1935140/s21.html Police Offences Act 1935 - Section 21] - 'Prohibited behaviour' - penalty 12 months. [http://www.austlii.edu.au/au/legis/tas/consol_act/poa1935140/s14.html Police Offences Act 1935 - Section 14] - 'Public decency' - one penalty unit. |
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*Victoria - [http://www.austlii.edu.au/au/legis/vic/consol_act/soa1966189/s19.html Summary Offences Act 1966 - Section 19] - 'wilful and obscene exposure' - penalty 2 years |
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* Western Australia - [http://www.austlii.edu.au/au/legis/wa/consol_act/ccaca1913252/notes.html#appendixa Criminal Code - Section 203] - 'Indecent acts in public' - criminal penalty 2 years. Summary conviction penalty: 9 months |
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'''Definition of ''Person'':''' |
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It has been noted that a term such as "exposing one's person" relates back to the United Kingdom ''Vagrancy Act'' 1824 and ''Evans v Ewels (1972)''<ref>Evans v Ewels [1972] 1 WLR 671.</ref> where it was said that the word "person" was a genteel synonym for "penis". However, the word "person" in s5 of the (NSW) ''Summary Offences Act'' is not limited to "penis". The section applies equally to females as well as males. This term is used in New South Wales, the Australian Capital Territory and the Northern Territory. In the other States the exposure refers to one's [[genitalia|genital area]]. In a sense, therefor, the term "person" can be wider than "genitalia". In [http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/nsw/NSWSC/1997/452.html?query=obscene%20exposure Regina v Eyles Matter No 60305/97 (1997)] NSWSC 452 (1 October 1997) the offender was seen masturbating in his front garden and charged with [http://www.austlii.edu.au/au/legis/nsw/consol_act/soa1988189/s5.html Obscene Exposure under the Summary Offences Act 1988 - Section 5]. |
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:In the case of both males and females, the parts of the body which are capable of being employed for the purpose of obscene exposure are limited. The concepts of obscenity and exposure in a practical sense restrict the potential operation of the provision. There is a question as to whether there is any further restriction to be found in the word "person". The Crown Advocate has submitted that there may be circumstances in which the exposure of the breasts of a woman is capable of being regarded as obscene, and that it is not difficult to imagine circumstances in which the exposure of a person's buttocks could be obscene. |
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However - |
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:It is unnecessary and inappropriate to decide in the present case whether her submissions in that regard are correct. The jurisdiction which this Court is exercising is a jurisdiction confined to determining questions of law which arise in the case before the District Court. No question arises in the present case as to whether there are any circumstances in which the exposure by a female of breasts, or by a female or male of buttocks, could involve a contravention of s5. The prosecution case against the appellant was that he obscenely exposed his penis and other genitals. It is sufficient for resolution of the present case to say that this was capable of constituting exposure of "his person" for the purposes of the proceedings against him. (per [http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/nsw/NSWSC/1997/452.html?query=obscene%20exposure Regina v Eyles NSWSC 452 (1 October 1997)]) |
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==Notes== |
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<references /> |
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== See also == |
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*[[Social nudity]] |
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**[[Nudity and children]] |
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**[[Public nudity]] |
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***[[Streaking]] |
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*[[Exhibitionism]] |
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*[[Public indecency]] |
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*[[Obscenity]] |
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*[[Sex crime]] |
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*[[Topless]] |
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*[[Anasyrma]] |
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{{nudity}} |
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[[Category:Nudity]] |
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[[Category:Paraphilias]] |
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[[Category:Crimes]] |
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[[Category:Sex crimes]] |
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[[Category:Sex laws]] |
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[[da:Blotter]] |
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[[de:Exhibitionismus#Nude in Public]] |
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[[et:Liputamine]] |
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[[sv:Blottare]] |
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[[th:การกระทำอนาจารต่อหน้าธารกำนัล]] |
Revision as of 12:25, 5 September 2008
![]() | It has been suggested that this article be merged into Public indecency. (Discuss) Proposed since June 2008. |
Indecent exposure is the deliberate exposure by a person of a portion or portions of his or her own body under circumstances where such an exposure is likely to be seen as contrary to the local prevalent standards of decency [1], and may in fact be a violation of law. In some countries a breach of the standards of modesty may constitute public indecency.
Overview
![]() | The examples and perspective in this article may not represent a worldwide view of the subject. |
What constitutes indecent exposure depends on the standards of decency of the community where the exposure takes place. These standards can vary from the very strict standards of modesty imposed on women by the Taliban regime of Afghanistan, which imposed the wearing of the Burqa . In Pakistan, exposure of any part of an adult woman's body is considered indecent except for arms up to elbows, feet and head including neck; however, wearing half sleeves and keeping the head uncovered are considered liberal and modern rather than the norm.[citation needed]
Even within a community, what will be seen as indecent will also depend on the context in which the exposure takes place. For example, it would be a reasonable expectation to see a naked person on a designated nude beach. However, even on that beach it may not be expected to witness explicit sexual activity. Indecent exposure is normally understood to be exposure of an adult's genitalia, but it may also involve masturbation, sexual intercourse, and the like in a public place. [citation needed]
The standards of decency may also vary over time. During the Victorian era, for example, exposure of a woman's legs was considered indecent in much of the Western world. As late as the 1930s, both women and men were largely prevented from bathing or swimming in public places without wearing bathing suits that covered above the waist. An adult woman exposing her navel was also considered indecent in the West up through as late as the 1960s and 1970s. Today, however, it is quite common for women to go topless at public beaches throughout Europe, South America, Australia and New Zealand.
What qualifies as indecent exposure varies with the authority having jurisdiction. Indecent exposure is often prohibited as a criminal offense. For example, before the Labour Party of the United Kingdom revised the law, "indecent exposure" was defined exclusively as a man exposing his erect penis to the public. [citation needed]
Although the phenomenon widely known as flashing may be free from sexual motive or intent, it nonetheless requires the public exposure of the genitals and/or breasts and is therefore defined by statute in many states of the United States as prohibited criminal behavior.[1]
The motivation of the exposure is sometimes based on it being unusual and/or inappropriate, such as when it is for fun, as a protest, or to show disrespect; the effects (including negative consequences) may be enhanced by intended or unintended publication of a photograph or film of the act. See also mooning.
Breastfeeding does not constitute indecent exposure under the laws of the United States, Canada, Australia, or Scotland[2]. In the United States, the federal government and the majority of states have enacted laws specifically protecting nursing mothers from harassment by others. Legislation ranges from simply exempting breastfeeding from laws regarding indecent exposure, to outright full protection of the right to nurse.
Legal status in the United Kingdom
In England and Wales the offence of 'Indecent Exposure' and various archaic Victorian offences were repealed by the Sexual Offences Act 2003. There is now no explicit prohibition of nudity. The replacement was carefully worded so that it did not apply to skinny dipping, nude sunbathing and similar activities. It only applies to aggressive exposure such as flashing. section 66 's.66 Exposure' states that 'A person commits an offence if— (a) he intentionally exposes his genitals, and (b) he intends that someone will see them and be caused alarm or distress.' NB this applies equally to both male and female. The maximum penalty is 2 years imprisonment.
The situation is Northern Ireland is complex as some parts of this Act apply but others do not and the Assembly is considering new legislation [mid 2008].
In Scotland a Bill with more repressive wording is currently proposed [mid 2008].
Exposure of the female breast is not an offence in most and perhaps all European Countries. Any such prohibition would probably be contrary to the European Convention on Human Rights.
Legal status in the United States
History
![](http://upload.wikimedia.org/wikipedia/commons/thumb/9/91/BathingMachineDontBeAfraid.jpg/225px-BathingMachineDontBeAfraid.jpg)
![](http://upload.wikimedia.org/wikipedia/commons/thumb/5/54/Annette_Kellerman.jpg/220px-Annette_Kellerman.jpg)
In the early 1900s, women were expected to wear cumbersome dress and pantaloon combinations when swimming. In 1907, Annette Kellerman, an Australian swimmer, was arrested on a Boston beach for public indecency for wearing her trademark one-piece swimsuit. After a public outcry at the arrest, the style had become generally acceptable by the 1910s.[3]
Laws
In the fifty states of the United States indecent exposure is defined by state law as exposure of the genitals and/or the female breast in a public place and may in some states require evidence of intent to shock, arouse or offend other persons. Public place is any place where the conduct may reasonably be expected to be viewed by others.
The offense is variously titled "indecent exposure", "sexual misconduct", "public lewdness", or "public indecency". It is a criminal offense in all fifty states[citation needed] and is punishable by fines and/or imprisonment, and in some states a conviction results in having to register as a sex offender.
Links to state criminal codes may be found at the Cornell Law School Index.
- Specific state statutes on indecent exposure
- Alabama statute
- Alaska statute
- Arizona statute
- Arkansas statute
- California statute
- Colorado statute
- Connecticut statute
- Delaware statute
- Florida statute
- Georgia statute
- Hawaii statute
- Idaho statute
- Illinois statute
| class="col-break " |
- Indiana statute
- Iowa statute
- Kansas statute
- Kentucky statute
- Louisiana statute
- Maine statute
- Maryland statute
- Massachusetts statute
- Michigan statute
- Minnesota statute
- Mississippi statute
- Missouri statute
- Montana statute
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- Nebraska statute
- Nevada statute
- New Hampshire statute
- New Jersey statute
- New Mexico statute
- New York statute
- North Carolina statute
- North Dakota statute
- Ohio statute
- Oklahoma statute
- Oregon statute
- Pennsylvania statute
- Rhode Island statute
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- South Carolina statute
- South Dakota statute
- Tennessee statute
- Texas statute
- Utah statute
- Vermont statute
- Virginia statute
- Washington statute
- West Virginia statute
- Wisconsin statute
- Wyoming statute
Indecent exposure is also defined as a crime by the U.S. Uniform Code of Military Justice Sec. 552. regarding rape, sexual assault, and other sexual misconduct.
Exemption for breastfeeding of infants
A majority of states exempt breastfeeding mothers from prosecution under these statutes. [2][3]
U.S. Public Law 106-58 Sec. 647. enacted in 1999, specifically provides that "a woman may breastfeed her child at any location in a Federal building or on Federal property, if the woman and her child are otherwise authorized to be present at the location."
Note: the application of state and federal statutes in the US may be modified by judicial precedent. [4][5]
Legal status in Australia
In Australia, it is a summary or criminal offence prohibited by laws of some States and Territories to expose one's genitals (also refered to as - 'his or her person' [4]) in a public place or in view of a public place. In other States and Territories the exposure of the genitals alone does not constitute an offence unless accompanied by an indecent act, indecent behaviour, grossly indecent behaviour, obscenity, intention to cause offence or deliberate intention. The applicable law is different in each jurisdiction and in several jurisdictions the offence of indecent exposure does not apply.
Penalties for the various offences vary between jurisdictions and are summarised below.
- For specific state Acts see
- Australian Capital Territory - Crimes Act 1900 - Section 393 - 'indecent exposure' - penalty 12 months
- New South Wales - Summary Offences Act 1988 - Section 5 - 'wilful and obscene exposure' - penalty 6 months
- Northern Territory - Summary Offences Act - Section 50 - 'indecent exposure' - penalty 6 months
- South Australia - Summary Offences Act 1953 - Section 23 - 'Indecent behaviour and gross indecency' - penalty 3 months and 6 months respectively
- Queensland - Summary Offences Act 2005 No. 4 - Section 9 - 'wilful exposure' - penalty 12 months
- Tasmania - Police Offences Act 1935 - Section 21 - 'Prohibited behaviour' - penalty 12 months. Police Offences Act 1935 - Section 14 - 'Public decency' - one penalty unit.
- Victoria - Summary Offences Act 1966 - Section 19 - 'wilful and obscene exposure' - penalty 2 years
- Western Australia - Criminal Code - Section 203 - 'Indecent acts in public' - criminal penalty 2 years. Summary conviction penalty: 9 months
Definition of Person:
It has been noted that a term such as "exposing one's person" relates back to the United Kingdom Vagrancy Act 1824 and Evans v Ewels (1972)[5] where it was said that the word "person" was a genteel synonym for "penis". However, the word "person" in s5 of the (NSW) Summary Offences Act is not limited to "penis". The section applies equally to females as well as males. This term is used in New South Wales, the Australian Capital Territory and the Northern Territory. In the other States the exposure refers to one's genital area. In a sense, therefor, the term "person" can be wider than "genitalia". In Regina v Eyles Matter No 60305/97 (1997) NSWSC 452 (1 October 1997) the offender was seen masturbating in his front garden and charged with Obscene Exposure under the Summary Offences Act 1988 - Section 5.
- In the case of both males and females, the parts of the body which are capable of being employed for the purpose of obscene exposure are limited. The concepts of obscenity and exposure in a practical sense restrict the potential operation of the provision. There is a question as to whether there is any further restriction to be found in the word "person". The Crown Advocate has submitted that there may be circumstances in which the exposure of the breasts of a woman is capable of being regarded as obscene, and that it is not difficult to imagine circumstances in which the exposure of a person's buttocks could be obscene.
However -
- It is unnecessary and inappropriate to decide in the present case whether her submissions in that regard are correct. The jurisdiction which this Court is exercising is a jurisdiction confined to determining questions of law which arise in the case before the District Court. No question arises in the present case as to whether there are any circumstances in which the exposure by a female of breasts, or by a female or male of buttocks, could involve a contravention of s5. The prosecution case against the appellant was that he obscenely exposed his penis and other genitals. It is sufficient for resolution of the present case to say that this was capable of constituting exposure of "his person" for the purposes of the proceedings against him. (per Regina v Eyles NSWSC 452 (1 October 1997))
Notes
- ^ Merriam-Webster's Collegiate Dictionary, Tenth Edition (Merriam-Webster Inc., 2001), "indecent exposure" p. 589
- ^ "Breastfeeding etc. (Scotland) Act 2005". Retrieved 2007-05-22.
- ^ cached version of Herstory: Annette Kellerman, Internet Archive
- ^ Regina v Eyles Matter No 60305/97 (1997) NSWSC 452 (1 October 1997)
- ^ Evans v Ewels [1972] 1 WLR 671.