Indecent exposure - AbsoluteAstronomy.com

This article is about the threatening behavior; see also Public indecency

Public indecency

Public indecency refers to conduct undertaken in a non-private or publicly-viewable location, which are deemed indecent in nature, such as indecent exposure and sexual intercourse or masturbation in public view. Such activity is often illegal...

. "Indecent exposure" is typically not to be confused with Exhibitionism

Exhibitionism

Exhibitionism refers to a desire or compulsion to expose parts of one's body – specifically the genitals or buttocks of a man or woman, or the breasts of a woman – in a public or semi-public circumstance, in crowds or groups of friends or acquaintances, or to strangers...

Indecent exposure is the deliberate exposure in public or in view of the general public by a person of a portion or portions of his or her body, in circumstances where the exposure is contrary to local moral or other standards of appropriate behavior. Indecent exposure laws vary in different countries. It ranges from including the genital areas, buttocks

Buttocks

The buttocks are two rounded portions of the anatomy, located on the posterior of the pelvic region of apes and humans, and many other bipeds or quadrupeds, and comprise a layer of fat superimposed on the gluteus maximus and gluteus medius muscles. Physiologically, the buttocks enable weight to...

and female nipple

Nipple

In its most general form, a nipple is a structure from which a fluid emanates. More specifically, it is the projection on the breasts or udder of a mammal by which breast milk is delivered to a mother's young. In this sense, it is often called a teat, especially when referring to non-humans, and...

s. In some ultra-conservative jurisdictions the exposure of any part of the female body is considered indecent. Some countries do not have indecent exposure laws.

The applicable standard of decency is generally that of the local community, which is sometimes codified in law, but may also be based in religion, morality, or, in some justifications, on the basis of "necessary to public order." Indecent exposure sometimes refers to exhibitionism

Exhibitionism

or to nudity in public and does not require any other sexual act to be performed. If sexual acts are performed, with or without an element of nudity, this can be considered public indecency

Public indecency

, which may be a more serious criminal offense. In some countries, exposure of the body in breach of community standards of modesty

Modesty

Standards of modesty are aspects of the culture of a country or people, at a given point in time, and is a measure against which an individual in society may be judged....

is also considered to be public indecency.

The legal and community standards of what states of undress constitute indecent exposure vary considerably, and depend on the context in which the exposure takes place. These standards have also varied over time, making the definition of indecent exposure itself a complex topic.

Overview

What constitutes indecent

Decency

Decency is the quality or state of conforming to social or moral standards of taste and propriety.-See also:*Taste *Communications Decency Act*Public indecency*Indecent exposure*Sodomy law*Norm *Grotesque body...

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

Modesty

Standards of modesty are aspects of the culture of a country or people, at a given point in time, and is a measure against which an individual in society may be judged....

in places such as Afghanistan

Afghanistan

Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...

and Saudi Arabia

Saudi Arabia

The Kingdom of Saudi Arabia , commonly known in British English as Saudi Arabia and in Arabic as as-Sa‘ūdiyyah , is the largest state in Western Asia by land area, constituting the bulk of the Arabian Peninsula, and the second-largest in the Arab World...

, which require most of the body to be covered, to tribal societies such as the Pirahã

Pirahã people

The Pirahã people are an indigenous hunter-gatherer tribe of Amazon natives, a subgroup of the Mura, who mainly live on the banks of the Maici River in Brazil's Amazonas state, in the territory on Humaitá and Manicoré municipality....

where full nakedness is the norm.

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

Nudity

Nudity is the state of wearing no clothing. The wearing of clothing is exclusively a human characteristic. The amount of clothing worn depends on functional considerations and social considerations...

person on a designated nude beach

Nude beach

A nude beach is a beach where users are legally at liberty to be nude. Sometimes the terms clothing-optional beach or free beach are used. Nude bathing is one of the most common forms of nudity in public. As beaches are usually on public lands, any member of the public is entitled to use the...

. However, even on a nude beach it may not be expected to witness explicit sexual activity.

The standards of decency have varied over time. During the Victorian era

Victorian era

The Victorian era of British history was the period of Queen Victoria's reign from 20 June 1837 until her death on 22 January 1901. It was a long period of peace, prosperity, refined sensibilities and national self-confidence...

, for example, exposure of a woman

Woman

A woman , pl: women is a female human. The term woman is usually reserved for an adult, with the term girl being the usual term for a female child or adolescent...

's leg

Human leg

The human leg is the entire lower extremity or limb of the human body, including the foot, thigh and even the hip or gluteal region; however, the precise definition in human anatomy refers only to the section of the lower limb extending from the knee to the ankle.Legs are used for standing,...

s was considered indecent in much of the Western world

Western world

The Western world, also known as the West and the Occident , is a term referring to the countries of Western Europe , the countries of the Americas, as well all countries of Northern and Central Europe, Australia and New Zealand...

. As late as the 1930s, both women and men were expected to bathe or swim in public places wearing bathing suits that covered above the waist. An adult woman exposing her navel

Navel

The navel is a scar on the abdomen caused when the umbilical cord is removed from a newborn baby...

was also considered indecent in the West into the 1960s and 1970s. Today, however, it is quite common for women to go topless at public beaches throughout Europe

Europe

Europe is, by convention, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally 'divided' from Asia to its east by the watershed divides of the Ural and Caucasus Mountains, the Ural River, the Caspian and Black Seas, and the waterways connecting...

and South America

South America

South America is a continent situated in the Western Hemisphere, mostly in the Southern Hemisphere, with a relatively small portion in the Northern Hemisphere. The continent is also considered a subcontinent of the Americas. It is bordered on the west by the Pacific Ocean and on the north and east...

.

Although the phenomenon widely known as flashing

Exhibitionism

, involving a woman exposing bare nipples by suddenly pulling up her shirt and bra

Brassiere

A brassiere is an undergarment that covers, supports, and elevates the breasts. Since the late 19th century, it has replaced the corset as the most widely accepted method for supporting breasts....

, may be free from sexual motive or intent, it nonetheless is public exposure and is therefore defined by statute in many states of the United States as prohibited criminal behavior.

The motivation of the exposure is sometimes based on it being unusual, attention-getting, sexually arousing

Sexual arousal

Sexual arousal, or sexual excitement, is the arousal of sexual desire, during or in anticipation of sexual activity. Things that precipitate human sexual arousal are called erotic stimuli, or colloquially known as turn-ons. There are many potential stimuli, both physical or mental, which can cause...

, or separately, as in a public policy protest, inappropriate and to show disrespect to the enemy side. The effects (including negative consequences) may be enhanced by intended or unintended publication of a photograph or film of the act, which would also include mooning

Mooning

Mooning is the act of displaying one's bare buttocks by removing clothing, e.g., by lowering the backside of one's trousers and underpants, usually bending over, whether also exposing the genitals or not...

.

Breastfeeding in public

Breastfeeding in public

Breastfeeding in public deals with the social attitudes to nursing mothers breastfeeding their babies in a public or semi-public place and to laws which either deprive them of the right or which recognize their choice to do so....

does not constitute indecent exposure under the laws of the United States

United States

The United States of America is a federal constitutional republic comprising fifty states and a federal district...

, Canada

Canada

Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

, Australia

Australia

Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...

, or Scotland

Scotland

Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...

. 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.

Europe

In England and Wales the offence of "indecent exposure" and other sexual offences were replaced by the more specific and explicit Sexual Offences Act 2003

Sexual Offences Act 2003

The Sexual Offences Act 2003 is an Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland that was passed in 2003 and became law on 1 May 2004.It replaced older sexual offences laws with more specific and explicit wording...

. The Act does not mention nudity as such and is worded so as not to apply to skinny dipping

Skinny dipping

Nude swimming, colloquially called skinny dipping, is a term used to describe swimming naked.-Etymology:The term skinny dip, first recorded in English in the 1950s, includes the somewhat archaic word skinny, known since 1573, meaning "having to do with skin", as it exposed the naked...

, nude sunbathing, and similar activities. It applies only to aggressive genital exposure with intent to shock those who want not to see the genitals. The maximum penalty is two years' imprisonment.

The situation in Northern Ireland is complex as some parts of this Act apply but others do not and the Assembly is considering new legislation. In Scotland, a Bill with more repressive wording is currently proposed [mid 2008].

In Barcelona

Barcelona

Barcelona is the second largest city in Spain after Madrid, and the capital of Catalonia, with a population of 1,621,537 within its administrative limits on a land area of...

, public nudity is a recognised right. Working with the associations Addan (which defends the right to nudity) and Aleteia, the Barcelona Council published the "Tríptic de Barcelona", which codifies the right. In the Netherlands

Netherlands

The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...

, public nudity is allowed at sites that have been assigned by the local authorities and "other suitable places."

Canada

In Canada, s.173 of the Criminal Code prohibits "indecent acts". There is no statutory definition in the Code of what constitutes an indecent act (other than that the exposure of the genitals for a sexual purpose to anyone under 14 years of age), so that the decision of what state of undress is "indecent", and thereby unlawful, is left to judges to decide. Judges have held, for example, that nude sunbathing is not indecent. Also, streaking

Streaking

Streaking is the act of running nude through a public place.-History:On 5 July 1799, a Friday evening at 7 o'clock, a naked man was arrested at the Mansion House, London, and sent to the Poultry Compter...

is similarly not regarded as indecent. Section 174 prohibits nudity if it offends "against public decency or order" and in view of the public. The courts have found that nude swimming is not offensive under this definition.

Toplessness

Toplessness

Toplessness is the state in which a female's breasts are uncovered, with the areolae and nipples visible, usually in a public space. It can also refer to a female not wearing any clothing above the waist, which is the female equivalent to a male barechestedness.The history and even the present-day...

is also not an indecent act under s.173. In 1991, Gwen Jacob was arrested for walking in a street in Guelph, Ontario

Guelph, Ontario

Guelph is a city in Southwestern Ontario, Canada. Known as "The Royal City", Guelph is roughly east of Waterloo and west of downtown Toronto at the intersection of Highway 6 and Highway 7. It is the seat of Wellington County, but is politically independent of it...

while topless. She was acquitted in 1996 by the Ontario Court of Appeal on the basis that the act of being topless is not in itself a sexual act or indecent. The case has been referred to in subsequent cases for the proposition that the mere act of public nudity is not sexual or indecent or an offense. Since then, the court ruling has been tested and upheld several times.

Australia

In Australia, it is a summary

Summary judgment

In law, a summary judgment is a determination made by a court without a full trial. Such a judgment may be issued as to the merits of an entire case, or of specific issues in that case....

or criminal offence prohibited by laws of some States and Territories

States and territories of Australia

The Commonwealth of Australia is a union of six states and various territories. The Australian mainland is made up of five states and three territories, with the sixth state of Tasmania being made up of islands. In addition there are six island territories, known as external territories, and a...

to expose one's genitals (also referred to as - 'his or her person') in a public place or in view of a public place. In other States and Territories

States and territories of Australia

the exposure of the genitals alone does not constitute an offence unless accompanied by an indecent act, indecent behaviour, grossly indecent behaviour, obscenity

Obscenity

An obscenity is any statement or act which strongly offends the prevalent morality of the time, is a profanity, or is otherwise taboo, indecent, abhorrent, or disgusting, or is especially inauspicious...

, 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

Act of Parliament

An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...

see:

Australian Capital Territory - Crimes Act 1900 - Section 393 - 'indecent exposure' - penalty 12 months. The "Minister" may declare a public area where public nudity is permitted. See: Nudity Act 1976 An Act to permit nudity in certain public places.
New South Wales - Summary Offences Act 1988 - Section 5 - 'wilful and obscene exposure' - penalty six 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 three months and six 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 two years
Western Australia - WA Criminal Code Section 203 - 'Indecent acts in public' - criminal penalty two years. Summary conviction penalty: 9 months and fine of $9,000.

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) 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, therefore, 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))

India

The Indian Penal Code

Indian Penal Code

Indian Penal Code is the main criminal code of India. It is a comprehensive code, intended to cover all substantive aspects of criminal law. It was drafted in 1860 and came into force in colonial India during the British Raj in 1862...

(IPC) is often used to charge sex worker

Sex worker

A sex worker is a person who works in the sex industry. The term is usually used in reference to those in the sex industry that actually provide such sexual services, as opposed to management and staff of such industries...

s with vague crimes such as "public indecency" or being a "public nuisance" without explicitly defining what these consist of.