The criminal offence of obscene exposure is a summary offence that can have serious legal implications. Criminal Lawyers Group have been recognised as the top criminal law firm in NSW for securing not guilty verdicts and the withdrawal of charges for clients who have been charged with the criminal offence of obscene exposure.
If you or anyone you know have been accused or charged with the criminal offence of obscene exposure, contact our award-winning team of criminal law experts at Criminal Lawyers Group immediately for a free consultation.
WHAT IS THE CRIMINAL OFFENCE OF OBSCENE EXPOSURE IN NSW?
Section 5 of the Summary Offences Act 1988 (NSW) defines the criminal offence of obscene exposure as being committed if a person, in or within view of a public place or a school, wilfully and obscenely exposes his or her person.
WHAT IS THE PUNISHMENT FOR THE CRIMINAL OFFENCE OF OBSCENE EXPOSURE IN NSW?
Section 5 of the Summary Offences Act 1988 (NSW) prescribes a maximum fine of $1100 or a maximum term of 6 months imprisonment for anyone convicted of the criminal offence of obscene exposure in NSW. Other penalties open to the Court for a conviction of the criminal offence of obscene exposure are:
- Intensive Correction Order (ICO)
- Community Service Order (ICO)
- Good Behaviour Bond
The implications of a conviction of the criminal offence of obscene exposure may extend to detrimental impacts upon your current and future career.
WHAT IS THE DEFINITION OF A PUBLIC PLACE?
Section 3 of the Summary Offences Act 1988 (NSW) defines a public place as:
- a place (whether or not covered by water), or
- 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.
WHAT DOES IT MEAN TO WILFULLY AND OBSCENELY EXPOSE HIS OR HER PERSON?
The Courts have interpreted the willful and obscene exposure of his or her person as referring to the exposure of a male or female’s genital area. The case of R v Eyles affirmed the definition as referring to the accused’s penis.
Contemporary standards of decency are used to determine if a form of exposure is considered obscene and whilst the exposure of genitalia is generally considered obscene exposure, whether the exposure of the buttocks or female breasts constitutes obscene exposure is less clear and depends on the circumstances.
WHAT IF THE EXPOSURE WAS AN ACCIDENT?
The term ‘willful’ requires that the act must have been done purposefully. As such, accidents such as an honest and genuine wardrobe malfunction would not qualify as the criminal offence of obscene exposure under this provision.
MAN CHARGED WITH THE CRIMINAL OFFENCE OF OBSCENE EXPOSURE IN NSW
A 38-year-old Balranald man has been arrested and charged with the criminal offence of obscene exposure in NSW after allegedly exposing his genitals at a Griffith store.
The incident is alleged to have occurred at approximately 12.30pm on 16 January 2025, with Police alleging that a mother was with her three young children the Griffith store when the mother noticed the 38-year-old man near her in the store with his genitals exposed from his trousers.
The mother departed the store with her children and contacted the police, who subsequently attended the store and viewed the CCTV footage, which is alleged to have supported the woman’s version of events.
Police located the man later that same day in Banna Avenue where he was cautioned, arrested and charged with willful and obscene exposure.
The man was refused bail.
CONTACT CRIMINAL LAWYERS GROUP NOW
If you or anyone you know have been accused or charged with the criminal offence of obscene exposure, contact our specialised criminal lawyers at Criminal Lawyers Group immediately for a free consultation. Our award-winning team of criminal law experts have been recognised for proven results in securing not guilty verdicts and the withdrawal of charges for our clients across NSW who have been charged with the criminal offence of obscene exposure in NSW.