Law School

Criminal Law: Sexual offences - Indecent exposure


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Indecent exposure is the deliberate public exposure by a person of a portion of their body where such exposure is contrary to local standards of appropriate behavior. The term indecent exposure is a legal expression. Social and community attitudes to the exposing of various body parts and laws covering what is referred to as indecent exposure vary significantly in different countries. It ranges from outright prohibition to prohibition of exposure of certain body parts, such as the genital area, buttocks or breasts.

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". Non-sexual exhibitionism or public nudity is sometimes considered indecent exposure. If sexual acts are performed, with or without an element of nudity, this can be considered gross indecency, which is usually a more serious criminal offence. 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.

it is generally accepted, at least in Western countries, that a naked human body is not in itself indecent. That principle is reflected, for example, in depiction of the human form in art of various forms. Nevertheless, as a general rule, it is also commonly expected that people when they appear in a public place will be appropriately attired. Inappropriateness is viewed in context, so that, for example, what may be appropriate on a beach may be inappropriate in a street, school or workplace. Depending on the context, some degree of inappropriateness may be tolerated, and perhaps described as eccentric, but in extreme cases of inappropriateness it may be regarded as "crossing the line". Besides the social disapproval of such a state of dress, most jurisdictions have laws to "maintain social order", variously described as public nudity, indecent exposure, as an affront to public morality, public nuisance, besides others.

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