View source for Indecent exposure

{{short description|Public indecency involving nudity}}
{{distinguish|Exhibitionism}}

{{for-multi|the album|Indecent Exposure (album)|the novel|Indecent Exposure (novel)}}
{{use dmy dates|date=August 2019}}{{more citations needed|date=November 2020}}

{{sex and the law}}

'''Indecent exposure''' is the deliberate public exposure by a person of a portion of their body in a manner contrary to local standards of appropriate behavior. Laws and social attitudes regarding indecent exposure vary significantly in different countries. It ranges from outright prohibition of the exposure of any body parts other than the hands or face to prohibition of exposure of certain body parts, such as the genital area, [[buttocks]] or [[breast]]s.

Decency is generally judged by the standards of the local community, which are seldom codified in specifics in law. Such standards may be based on [[religion]], morality or tradition, or justified on the basis of "necessary to [[Public-order crime|public order]]".<ref>{{cite book |title=Merriam-Webster's Collegiate Dictionary |edition=Tenth |publisher=[[Merriam-Webster]] |year=2001 |chapter=Indecent exposure |page=589 |isbn=0-87779-713-7 }}</ref> Non-sexual [[exhibitionism]] or [[Nudity#Public nudity|public nudity]] is sometimes considered indecent exposure. If [[Human sexual activity|sexual act]]s are performed, with or without an element of nudity, this can be considered [[gross indecency]] in some jurisdictions, which is usually a more serious criminal offence.{{efn|Historically, gross indecency statutes often did not specifically define the crime itself, leaving this up to the determination of courts. In practice, gross indecency was used primarily to [[Criminalization of homosexuality|criminalize sexual activity between men]] that fell short of [[sodomy]] laws, though present-day statutes vary.}} In some countries, exposure of the body in breach of community standards of [[modesty]] 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 a complex topic.

<gallery>
MIT streaker at HarvardYale game.jpg|[[Streaking]] is a type of indecent exposure.
Peeing males.jpg|Two men [[Public urination|urinating in public]], which is often perceived to be indecent exposure
</gallery>

== History ==

What is an inappropriate state of dress in a particular context depends on the standards of [[decency]] of the community where an exposure takes place. These standards vary from time to time and can vary from the very strict standards of [[modesty]] in places such as Afghanistan and Saudi Arabia, which require most of the body to be covered, to tribal societies such as the [[Pirahã people|Pirahã]] or [[Mursi people|Mursi]] where full nakedness is the norm.<ref>{{Cite web|url=https://politics.stackexchange.com/questions/1416/legality-of-nudism-in-public-places/1524#1524|title=Legality of Nudism in Public Places?|website=politics.stackexchange.com|access-date=2018-03-02}}</ref> There is generally no implication that the state of dress objected to is of a sexual nature; and if such an allegation were to be made, the act would generally be described as "[[gross indecency]]".{{cn|date=November 2024}}

The standards of decency have varied over time. During the [[Victorian era]], for example, exposure of a woman's legs, and to some extent the arms, was considered indecent in much of the [[Western world]]. Hair was sometimes required to be covered in formal occasions as in the form of a hat or bonnet. As late as the 1930s – and to some extent, the 1950s – both women and men were expected to bathe or swim in public places wearing [[bathing suit]]s that covered above the waist. An adult woman exposing her [[navel]] was also considered indecent in parts of the West into the 1960s and 1970s, and even as late as the 1980s. Moral values changed drastically during the 1990s and 2000s, which in turn changed the criteria for indecent exposure. Public exposure of the navel has been accepted during the 1990s, while in the 2000s, exposure of the buttocks while wearing a thong at a beach became acceptable.{{cn|date=November 2024}} Female toplessness, however, has become more taboo in recent decades; for many years it was quite common for women to go topless at public beaches throughout Europe and South America and even some parts of the United States.<ref>{{Cite magazine|url=https://time.com/3834365/map-topless-laws/|title=Here's Where It's Legal for Women to Go Topless in the U.S.|magazine=Time|language=en|access-date=2018-03-02}}</ref>

== Breastfeeding ==

[[Breastfeeding in public]] does not constitute indecent exposure under the laws of the United States, Canada, Australia, or Great Britain.<!-- do not correct to "United Kingdom" - there is no specific protection in Northern Ireland --><ref name="Scotlandact">{{cite legislation Scotland| type=act |year=2005 |act = Breastfeeding etc. (Scotland) Act 2005 | chapter=1 | access-date = 19 February 2021 }}</ref><ref>{{Cite legislation UK |type=act |year=2010 |chapter=15 |act=Equality Act 2010 |section=17 |date=1 April 2010 |accessdate=19 February 2021 }}</ref> In the United States, the [[Government of the United States|federal government]] and all 50 states<ref>{{cite news|url=https://eu.usatoday.com/story/life/allthemoms/2018/07/25/public-breastfeeding-now-legal-all-50-states/835372002/|title=Finally! In 2018 it's legal to breastfeed in public in all 50 states|author=Sonja Haller |date=25 July 2018|newspaper=USA Today}}</ref> 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.<ref>{{Cite news|url=https://www.huffingtonpost.com/2014/08/01/map-where-its-legal-to-breastfeed-in-public_n_5637301.html|title=These Are All The States Where It's Legal To Breastfeed In Public|last=Samakow|first=Jessica|date=1 August 2014|work=Huffington Post|access-date=2 March 2018|language=en-US}}</ref>

In some jurisdictions, such as Northern Ireland, other laws not specific to breastfeeding are used to protect those who breastfeed.<ref>{{cite news |title=Law planned to protect mums breastfeeding in public |url=https://www.bbc.co.uk/news/uk-northern-ireland-38558280 |work=BBC News |date=9 January 2017 |quote=Currently, breastfeeding mothers in Northern Ireland are protected by sex discrimination laws that prohibit anyone from treating a woman unfavourably because she is breastfeeding.}}</ref><ref>{{cite news |title=Breastfeeding and Work |url=https://www.belfasttelegraph.co.uk/business/breastfeeding-and-work/28514118.html |work=BelfastTelegraph.co.uk |date=27 January 2010}}</ref>

== Public clothing ==

Public clothing varies by country and may be regulated by law. What parts of the body must be covered varies by region. Although genitals are usually expected to be covered in public in almost all societies, when it comes to other parts of the body such as female breasts, midriff, legs or shoulders, norms vary. For example, in some [[Culture of Africa|African culture]]s, it is the thighs, not the breasts, that must be covered.<ref>{{cite news|url=https://news.bbc.co.uk/2/hi/africa/3031969.stm|title=MPs defend Swazi bare breasts|author=Tom Holloway |date=15 May 2003|work=[[BBC News]] }}</ref> In some societies, the head hair, especially female, must be covered, usually with a scarf. The vast majority of cultures accept that the face can and must be seen, but some cultures (especially in the [[Middle East]]) require that a woman's face be covered under a [[burqa]]. In conservative societies, appearing in a public place in clothing that is deemed 'indecent' is illegal.<ref>{{cite news|url=https://news.bbc.co.uk/1/hi/world/africa/6919581.stm|title=Nigerian skimpy dressers arrested|date=27 July 2007|work=[[BBC News]] }}</ref><ref>{{cite news|url=https://www.bbc.co.uk/news/world-middle-east-44628887|title=Inquiry into Saudi TV presenter's clothing|date=27 June 2018|work=[[BBC News]] }}</ref><ref>{{cite news|url=https://news.bbc.co.uk/1/hi/world/middle_east/6596933.stm|title=Crackdown in Iran over dress codes|author=Frances Harrison |date=27 April 2007|work=[[BBC News]] }}</ref> In many countries there are exceptions to the general rules (social or legal) regarding clothing. For instance, a country that generally prohibits full nudity may allow it in designated places, such as [[nude beaches]], or during various social events such as festivals or [[Nudity and protest|nude protest]]s.{{cn|date=November 2024}}

In some cultural contexts, clothing conventions differ not only by gender but also by societal perception of modesty and exposure. For instance, boys wearing skirts—although not traditional in many regions—have been increasingly accepted as part of modern, gender-fluid fashion trends. However, incidents of indecent exposure involving boys in skirts have sometimes elicited different public reactions compared to similar incidents involving women.{{Citation needed|date=April 2025}}

== Outraging public decency ==

{{main|Outraging public decency}}

''Outraging public decency'' is a [[common law offence]] in [[England and Wales]]<!-- and other countries; see main article for details, to be alluded to here once sources are added there -->. It is a broader offence than indecent exposure, but can only be committed in a public place where at least two people are present, who need not actually witness it.{{cn|date=November 2024}}

== Africa ==

=== Namibia ===

[[Namibia]]n authorities announced that foreign tourists who were nude while visiting the [[Namib-Naukluft National Park]] would be banned from all national parks.<ref>{{cite news|title=Big Daddy dune: Namibia condemns tourists posing naked in dune safari|url=https://bbc.com/news/world-africa-68895522}}</ref>

== Asia ==

=== Saudi Arabia ===

Women in [[Saudi Arabia]] were required to wear robes and a headscarf when in public,<ref>{{cite news|title=Saudi woman arrested for wearing a skirt is released without charge|url=https://www.theguardian.com/world/2017/jul/20/saudi-woman-arrested-for-wearing-a-skirt-is-released-without-charge|newspaper=[[The Guardian]] |date=20 July 2017|agency=Reuters}}</ref> although Crown Prince [[Mohammed bin Salman]] has said that it is not required.<ref>{{cite news|title=Saudi crown prince says women need not wear head cover or abaya robe |url=https://www.rte.ie/news/world/2018/0319/948595-saudi-arabia-abaya-dress/ |website=RTE |date=20 March 2018}}</ref> In September 2019, Saudi Arabia issued the [[Public Decency Law in Saudi Arabia|public decency law]] identifying the rules related to the public decency that citizens and tourists should follow in compliance with Saudi law.<ref>{{Cite web|url=https://www.arabnews.com/node/1560836/saudi-arabia|title=Saudi Arabia issues public behavior guidelines|date=2019-09-28|website=Arab News|language=en|access-date=2019-09-29}}</ref>

== Europe ==

Attitudes towards nudity vary by country and are generally most relaxed in [[Scandinavia]], where genitals and breasts are not normally considered indecent or obscene. Hence, laws and societal views on public nudity are generally relaxed.<ref>{{cite book |title=Modern Welfare States: Scandinavian Politics and Policy in the Global Age |page=309 |first1=Eric S. |last1=Einhorn |first2=John |last2=Logue |year=2003 |location=Oxford |publisher=Harcourt |isbn=0-275-95044-1 }}</ref> In Finland, it is very typical for patrons to bathe nude in the intense heat of [[sauna]]s.

In the [[Netherlands]], public nudity is allowed at sites that have been assigned by the local authorities and "other suitable places".{{citation needed|date=July 2020}} On nudist beaches, in unisex saunas and in swimming pool changing rooms, remaining partially clothed is frowned upon and the social norm is to undress.

In [[Barcelona]], public nudity was a recognised right. However, on 30 April 2011, the Barcelona City Council voted a by-law forbidding walking "naked or nearly naked in public spaces" and limiting the wearing of bathing costumes to pools, beaches, adjacent streets and sea-side walks.<ref>[[APNEL]]</ref>{{full citation needed|date=July 2020}}

Other countries, such as the UK, Ireland or Poland,<ref>{{cite news|url=https://www.abs-cbn.com/classified-odd/11/08/08/model-fined-sunbathing-topless-ombudsman-appeal-mulled|title=Model fined for sunbathing topless; Ombudsman appeal mulled|agency=AFP|date=8 November 2008|website=ABS-CBN News}}</ref> are more conservative.

=== United Kingdom ===

The law concerning public nudity varies among the countries of the United Kingdom. In England and Wales, public nudity is not generally illegal, unless intended to cause alarm or distress members of the public.
In some places, such as [[Henley-on-Thames]], local by-laws  criminalise naked bathing in the river or sea, with a fine which has remained unchanged since the nineteenth century and is now trivial. Such bylaws are actually rendered unenforceable as they cannot override national legislation.
Concerns that the police do not take "Exposure" sufficiently seriously are matched by other opinions that public nudity is natural and proper. The College of Policing and the [[Crown Prosecution Service]] have issued very clear guidance that simple passive naturism will not amount to any offence and do not require a police attendance.  Cases occasionally come before magistrates' courts, with varying outcomes. However no naturist has been convicted for several years following the clarification of the Sexual Offences Act.

==== England and Wales ====

During the 19th and 20th centuries, indecent exposure was prosecuted under section 28 of the [[Town Police Clauses Act 1847]]<ref>{{Cite web|url=https://www.legislation.gov.uk/ukpga/1847/89/pdfs/ukpga_18470089_en.pdf|title=Town Police Clauses Act 1847 (as enacted)|website=Legislation.Gov.Uk|access-date=19 May 2018}}</ref> or section 4 of the [[Vagrancy Act 1824]]. The latter contained a provision for the prosecution of:
{{blockquote|every person wilfully openly, lewdly, and obscenely exposing his person in any street, road, or public highway, or in the view thereof, or in any place of public resort, with intent to insult any female&nbsp;...}}

This provision, and the nudity provision of the 1824 Vagrancy Act, were repealed by Schedule 7, s.140 of the [[Sexual Offences Act 2003]]. They were replaced by an offence that is both gender neutral, and more specific and explicit, '''66 Exposure'''.<ref>{{cite book|title=Public Indecency in England 1857–1960: 'A Serious and Growing Evil'|url=https://books.google.com/books?id=K1HeCQAAQBAJ|first1=David J.|last1=Cox|first2=Kim|last2=Stevenson|first3=Candida|last3=Harris|first4=Judith|last4=Rowbotham|publisher=Routledge|year=2015|isbn=9781317573838|volume=6|series=SOLON Explorations in Crime and Criminal Justice Histories|page=144}}</ref>
It is defined as

{{blockquote|A person commits an offence if—
# he intentionally exposes his genitals, and
# he intends that someone will see them and be caused alarm or distress.<ref name=soa/>}}

The maximum penalty is two years' imprisonment, very rare as most cases are dealt with by a fine or through community service.<ref name=soa>{{cite web|url=http://www.opsi.gov.uk/acts/acts2003/ukpga_20030042_en_5#pt1-pb18-l1g66 |title=Sexual Offences Act 2003 |author=Legislation.gov.uk |access-date=2010-09-14}}</ref><ref>{{cite web|website=legislation.gov.uk|publisher=The National Archives|title=Equality Act 2010|url=http://www.legislation.gov.uk/ukpga/2010/15/contents|access-date=9 February 2017}}</ref> If sentenced to a term of imprisonment or a [[community order]] in excess of 12 months such convicts (offenders) – or if the person they exposed themselves to was aged under 18 years old – they must appear on and sign the [[Violent and Sex Offender Register]].<ref>{{cite web|title=Sex Offenders Register|url=http://ukcriminallawblog.com/sex-offenders-register/|work=UK Criminal Law Blog|author=Dan Bunting|date=7 April 2015|access-date=14 May 2018|archive-date=27 February 2019|archive-url=https://web.archive.org/web/20190227082823/http://ukcriminallawblog.com/sex-offenders-register/|url-status=dead}}</ref>

In the past public nudity in England and Wales could also be punished as "disorderly behaviour" under the [[Public Order Act 1986]], sections 4A and 5.<ref>{{cite web|url=http://ukhumanrightsblog.com/2013/10/31/freedom-of-expression-nakedness-in-a-public-place/|title=Freedom of expression – nakedness in a public place |work=UK Human Rights Blog|date=31 October 2013}}</ref> However, the law was clarified in the spring of 2018 and those sections are no longer considered to apply to simple public nudity. Guidance from the [[Crown Prosecution Service]]<ref>{{cite web|url=https://www.cps.gov.uk/legal-guidance/nudity-public-guidance-handling-cases-naturism|title=Nudity in Public – Guidance on handling cases of Naturism |website=Crown Prosecution Service}}</ref> and the [[College of Policing]]<ref>{{cite web|url=http://library.college.police.uk/docs/nudity.pdf|title=Briefing note: Public nudity advice and decision aid|website=College of Policing|access-date=23 December 2018|archive-date=11 October 2018|archive-url=https://web.archive.org/web/20181011053529/http://library.college.police.uk/docs/nudity.pdf|url-status=dead}}</ref> does not recommend prosecution for public nudity if there is no implied intent to cause alarm (or distress). Intention can be inferred by [[circumstantial evidence]]; see [[Intention in English law]].

Occasional "streaking" by naked exhibitionists running across public sports fields is often enthusiastically applauded by the spectators, so negating any intention to cause alarm or distress. 
A common defence on arrest for indecent exposure is the innocent intent to urinate, but that may be prosecuted as a public nuisance. (At [[Holborn Viaduct]] in London an old painted notice warns "Commit No Nuisance").

==== Scotland ====

Under [[Scots law]], "indecent conduct" in a public place, such as exposing the genitals or engaging in sexual activity, can constitute the common law offence of [[crimes of indecency in Scots law|public indecency]].<ref>{{cite web|title=Public decency|url=https://www.sexualhealthscotland.co.uk/sex-relationships/sex-law/public-decency|website=Sexual Health Scotland|date=4 February 2013|access-date=2 January 2019|archive-date=3 January 2019|archive-url=https://web.archive.org/web/20190103004746/https://www.sexualhealthscotland.co.uk/sex-relationships/sex-law/public-decency|url-status=dead}}</ref> [[Stephen Gough]], a man known as the "Naked Rambler" who hiked across Britain wearing only shoes, was arrested numerous times in Scotland. He was convicted of the common law offence of [[breach of the peace#Scotland|breach of the peace]] and spent time in prison for [[contempt of court]] for refusing to wear clothes whilst in court.<ref>{{cite news |title=Naked rambler bares all as he walks free from prison |url=https://www.telegraph.co.uk/news/uknews/law-and-order/9407444/Naked-rambler-bares-all-as-he-walks-free-from-prison.html |archive-url=https://ghostarchive.org/archive/20220112/https://www.telegraph.co.uk/news/uknews/law-and-order/9407444/Naked-rambler-bares-all-as-he-walks-free-from-prison.html |archive-date=12 January 2022 |url-access=subscription |url-status=live |access-date=10 July 2019 |newspaper=The Daily Telegraph |date=18 July 2012}}{{cbignore}}</ref>

==== Northern Ireland ====

The [[Sexual Offences (Northern Ireland) Order 2008]] brought the legislation regarding indecent exposure in Northern Ireland into line with that in England and Wales.<ref>{{cite act|website=legislation.gov.uk|url=https://www.legislation.gov.uk/nisi/2008/1769/article/70|title=The Sexual Offences (Northern Ireland) Order 2008|article=70|year=2008|type=Order}}</ref>

=== Germany ===

In Germany and Switzerland there is a culture of [[Freikörperkultur]] which means that there are many public spaces where people are welcome to be naked.

== North America ==

=== Canada ===

In Canada, s.173 of the ''Criminal Code''<ref>{{cite web |url=http://www.efc.ca/pages/law/cc/cc.part-v.html |title=Criminal Code of Canada, 1985, Part V, Sexual Offences |publisher=Efc.ca |access-date=2013-03-14 |archive-date=15 April 2013 |archive-url=https://web.archive.org/web/20130415121251/http://www.efc.ca/pages/law/cc/cc.part-v.html |url-status=dead }}</ref> prohibits "indecent acts".<ref>Part 173(1)(a) of the Criminal Code provides, in part – Indecent acts – 173. (1) Every one who wilfully does an indecent act (a) in a public place in the presence of one or more persons...is guilty of an offence punishable on summary conviction.</ref> There is no statutory definition in the Code of what constitutes an indecent act, other than the exposure of the genitals and/or female nipples for a sexual purpose to anyone under 16 years of age. Thus, the decision of what states of undress are "indecent", and thereby unlawful, is left to judges. Judges have held, for example, that [[nude sunbathing]] is not indecent.<ref>''R. v. Beaupré'', 1971, British Columbia Supreme Court. Held: "the phrase 'indecent act' connotes something more active, with greater moral turpitude than the mere state of being nude in a public place."</ref> Also, [[streaking]] is similarly not regarded as indecent.<ref>''R v Springer'', 1975, Saskatchewan District Court</ref><ref>''R v Niman'', 1974, Ontario Provincial Court</ref> 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.<ref>''R. v. Benolkin'', 1977, Saskatchewan Court of the Queen's Bench. It was found that "It cannot be an offence to swim in the nude at a lonely place in Canada in summer. That is part of the pleasure of summer in Canada, particularly to young males. If somebody comes along unexpectedly or if the swimmer misjudged the loneliness of the place the act cannot suddenly become criminal".</ref>

[[Toplessness]] is also not an indecent act under s.173. In 1991, Gwen Jacob was arrested for walking in a street in [[Guelph, Ontario]], 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.<ref name="QueenvsJacob">{{Cite web| url = http://www.canlii.org/en/on/onca/doc/1996/1996canlii1119/1996canlii1119.html | title = Judgment C12668, R. vs. Jacob | date = 1996-12-09 | publisher = Province of Ontario Court of Appeal | access-date = 2009-02-16}}</ref> 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.<ref>[http://www.canlii.org/eliisa/highlight.do?language=en&searchTitle=1996+CanLII+1119+%28ON+CA%29&origin=%2Fen%2Fon%2Fonca%2Fdoc%2F1996%2F1996canlii1119%2F1996canlii1119.html&path=/en/bc/bcsc/doc/2000/2000bcsc902/2000bcsc902.html District of Maple Ridge v. Meyer, 2000 BCSC 902 (CanLII)]. See esp. para [49] and [55].</ref> Since then, it is legal for a female to walk topless in public anywhere in Ontario, Canada.<ref>{{cite news|url=https://www.thestar.com/news/gta/2010/08/28/topless_in_guelph_it_started_out_as_a_shy_event.html|title=Topless in Guelph: It started out as a shy event|newspaper=Toronto Star|author=Amy Dempsey|date=28 August 2010|quote=It’s been nearly 20 years since Gwen Jacob took a history-making topless jaunt through downtown Guelph. It’s been 15 years since charges against her were overturned in a case that gave Ontarian woman the legal right to be topless in public — a right previously exclusive to men.}}</ref>

=== United States ===

{{main article|Indecent exposure in the United States}}

The laws governing indecent exposure in the United States vary according to location. In most states, [[public nudity]] is illegal. However, in some states, it is only illegal if it is accompanied by an intent to shock, arouse, or offend other persons. Some states permit local governments to set local standards. Most states exempt [[breastfeeding]] mothers from prosecution.{{cn|date=November 2024}}

The phenomenon widely known as [[exhibitionism|flashing]], involving a woman exposing bare nipples by suddenly pulling up her shirt and [[bra]], is public exposure and is therefore defined by statute in many states of the United States as prohibited criminal behavior.<ref>{{cite web|url=https://www.law.cornell.edu/topics/state_statutes2.html#criminal_code |title=Criminal Code |date= 14 April 2008|work=Topical Index: State Statutes 2 |publisher=Cornell University Law School |access-date=2010-09-14}}
</ref>

== Oceania ==

=== Australia ===

In Australia, it is a [[Summary judgment|summary]] or [[criminal]] offence in some [[States and territories of Australia|States and Territories]] to expose one's genitals (also referred to as "his or her person")<ref name="ReginaVEyles">{{cite AustLII|NSWSC|452|1997|litigants=R v Eyles |date=1 October 1997 |courtname=[[NSW Court of Criminal Appeal|Court of Criminal Appeal]] (NSW, Australia)}}.</ref> in a public place or in view of a public place. In some jurisdictions, 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.{{citation needed|date=February 2013}}

Penalties vary between jurisdictions and are summarised below. Specific state [[Act of Parliament|Acts]], are as follows:
*Australian Capital Territory – ''Crimes Act'' 1900, section 393 – 'indecent exposure' – penalty 12 months. Under the ''Nudity Act'' 1976, the responsible minister may declare a public area where public nudity is permitted.<ref>{{cite Legislation AU|ACT|act|ca190082|Crimes Act 1900|393}} Indecent exposure.</ref><ref>{{cite Legislation AU|ACT|act|na1976108|Nudity Act 1976}}.</ref>
*New South Wales – ''Summary Offences Act'' 1988, section 5 – 'wilful and obscene exposure' – penalty six months.<ref name="SOA1988">{{cite Legislation AU|NSW|act|soa1988189|Summary Offences Act 1988|5}} Obscene exposure.</ref>
*Northern Territory – ''Summary Offences Act'', section 50 – 'indecent exposure' – penalty 6 months.<ref>{{cite Legislation AU|NT|act|soa189|Summary Offences Act|50}} Penalty for indecent exposure of the person.</ref>
*South Australia – ''Summary Offences Act'' 1953, section 23 – 'Indecent behaviour and gross indecency' – penalty three months and six months respectively.<ref>{{cite Legislation AU|SA|act|soa1953189|Summary Offences Act 1953|23}} Indecent behaviour and gross indecency .</ref>
*Queensland – ''Summary Offences Act'' 2005 No. 4, section 9 – 'wilful exposure' – penalty 12 months.<ref>{{cite Legislation AU|Qld|act|soa2005189|Summary Offences Act 2005|9}} Wilful exposure.</ref>
*Tasmania – ''Police Offences Act'' 1935, section 21 – 'Prohibited behaviour' – penalty 12 months.<ref>{{cite Legislation AU|Tas|act|poa1935140|Police Offences Act 1935|21}} Prohibited behaviour.</ref> ''Police Offences Act'' 1935, section 14 – 'Public decency' – one penalty unit.<ref>{{cite Legislation AU|Tas|act|poa1935140|Police Offences Act 1935|14}} Public decency.</ref>
*Victoria – ''Summary Offences Act'' 1966, section 19 – 'wilful and obscene exposure' – penalty two years.<ref>{{cite Legislation AU|Vic|act|soa1966189|Summary Offences Act 1966|19}} Wilful and obscene exposure.</ref> Under the ''Nudity (Prescribed Areas) Act'' 1983<ref>{{cite Legislation AU|Vic|act|naa1983236|Nudity (Prescribed Areas) Act 1983}}</ref> the responsible minister may declare a public area where public nudity is permitted.
*Western Australia – ''Criminal Code'', section 203 – 'Indecent acts in public' – criminal penalty two years. Summary conviction penalty: 9 months and fine of $9,000.<ref>{{cite Legislation AU|WA|act|ccaca1913252/notes.html#appendixb|Criminal Code}} section 203.</ref>

==== Definition of ''person'' ====

The laws of New South Wales, the Australian Capital Territory and the Northern Territory use the term "person", while in the other States the exposure refers to the [[genitalia|genital area]]. It has been noted that a term such as "exposing one's person" relates back to the United Kingdom [[Vagrancy Act 1824|''Vagrancy Act'' 1824]] and ''Evans v Ewels'' (1972)<ref>''Evans v Ewels'' [1972] 1 [[Weekly Law Reports|WLR]] 671.</ref> where it was said that the word "person" was a [[euphemism|genteel synonym]] for "penis" or "vulva". However, it has been suggested that the word "person" in s5 of the (NSW) ''Summary Offences Act'' is not limited to "penis" or "vulva". For example, in ''R v Eyles'' (1997) the offender was seen [[masturbating]] in his front garden and charged with obscene exposure under the NSW Act.<ref name="ReginaVEyles" /><ref name="SOA1988" /> The judge noted, ''[[obiter dicta]]'', that

{{blockquote|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.<ref name="ReginaVEyles" />}}

=== Fiji ===

Public nudity is illegal in [[Fiji]].<ref>{{cite web | url=https://www.gov.uk/foreign-travel-advice/fiji/local-laws-and-customs | title=Local laws and customs - Fiji travel advice }}</ref>

=== New Zealand ===

In New Zealand, indecent exposure is considered to be where a person "intentionally and obscenely exposes any part of his or her genitals".<ref>{{Cite web|url=http://www.legislation.govt.nz/act/public/1981/0113/latest/DLM53587.html|title=Summary Offences Act 1981 No 113 (As at 01 August 2020), Public Act 27 Indecent exposure – New Zealand Legislation}}</ref> Otherwise there is no specific law prohibiting nudity in public places, although lesser charges may apply depending on the behaviour of the individual in question.

The High Court of New Zealand has upheld a conviction of disorderly conduct for nudity in the street, because it was not a place where nudity was known to occur or commonplace. Being nude in the street is likely to incur a small fine if a complaint is made against the person, or if the person ignores a police request to cover themselves. Being prosecuted for nudity on a public beach, or any place where nudity might be expected, is very unlikely.<ref name=freebeaches>{{Cite web|url=https://www.freebeaches.org.nz/legal.htm|title=Nudity in Public - Legal Aspects|website=www.freebeaches.org.nz|access-date=2019-01-11|archive-date=2 October 2020|archive-url=https://web.archive.org/web/20201002003338/https://www.freebeaches.org.nz/legal.htm|url-status=dead}}</ref><ref>{{Cite web|url=https://www.stuff.co.nz/taranaki-daily-news/editors-picks/6321828/Nudity-not-necessarily-an-offence|title=Nudity not necessarily an offence|website=[[Stuff (website)|Stuff]] |date=26 January 2012|language=en|access-date=2019-01-11}}</ref><ref>{{Cite news|url=https://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11824550|title=Battle for the beach: Nudists clash with Papamoa beachgoers|date=2017-03-25|work=[[The New Zealand Herald]] |access-date=2019-01-11|language=en-NZ|issn=1170-0777}}</ref>

== See also ==

{{div col}}

* {{annotated link|Anasyrma}}
* {{annotated link|Clothing laws by country}}
* {{annotated link|Erotic humiliation}}
* {{annotated link|Exhibitionism}}
* {{annotated link|Islam and clothing}}
** {{annotated link|Hijab}}
* {{annotated link|Obscenity}}
* {{annotated link|Public display of affection}}
* {{annotated link|Public sex}}
* {{annotated link|Public urination}}
* {{annotated link|Open defecation}}
* {{annotated link|Naturism}}
* {{annotated link|Sexual revolution}}
* {{annotated link|Strip games}}
* {{annotated link|Underwear as outerwear}}
* {{annotated link|Vulgarity}}
* {{annotated link|Wardrobe malfunction}}
* {{annotated link|Whale tail}}

{{div col end}}

== Notes ==

{{notelist}}

== References ==

{{reflist}}{{Clear}}{{nudity}}

{{DEFAULTSORT:Indecent Exposure}}
[[Category:Modesty]]
[[Category:Nudity]]
[[Category:Paraphilias]]
[[Category:Sex crimes]]
[[Category:Sex laws]]
[[Category:Sexual harassment]]
[[Category:Sexual misconduct]]