Obscene or indecent exposure – section 5 Summary Offences Act 1988

The maximum penalty for this offence is:

• imprisonment for six months; or
• a fine of 10 penalty units.

Please note that these penalties are reserved for the most serious cases only.

This option is recommended only where you accept that:

1. you exposed yourself obscenely
2. the exposure was wilful
3. the exposure was in or within view of a public place or school

A plea of guilty at the first available opportunity entitles you to a maximum sentencing discount of 25 per cent. It demonstrates to the court that you have accepted responsibility for your actions.

What possible outcomes exist?

• A fine
  • This may be up to $1,100.
•  A non-conviction via a section 10 – asking the court for leniency
  • Leniency is where the court has found you guilty, but has exercised a discretion not to convict you. Therefore, you will avoid:
    • a fine or a penalty.
    • a conviction
• Conditional release order “CRO” (with or without conviction)
  • This is usually subject to a period of good behaviour.
  • If an offence is committed during the period of the order, a court may resentence you for the offence committed.
• Community Corrections Orders (“CCO”)
  • A court may exercise this option (when aggravating circumstances Examples of aggravating circumstances include a repeat offence.
  • An example of a CCO is performing service within the community.
• Intensive Corrections Order (“ICO”)
  • This is where a term of imprisonment can be served in the community.
• Full-time imprisonment
  • Served in a correctional facility.

To prove this charge, the Prosecution must establish, beyond a reasonable doubt that:

1. you exposed yourself obscenely
2. the exposure was wilful
3. the exposure was in or within view of a public place or school

If the Prosecution cannot prove all of the above elements beyond reasonable doubt, then the court must find you not guilty.

Defences:

• Exposure was not wilful.
  • Exposure occurred accidentally, or through negligence, or through the act of another person.
• The exposure was not within view of a public place or school.
  • If your home is near a school and you have been exposed in your own home, then you can be charged with the offence.
• You did not expose yourself obscenely.
  • Though it may have appeared that you had been exposed, you are certain that your genitals were not exposed, and that this can be proven.
• Duress
  • Another person threatened or coerced you into exposing yourself
• Necessity
  • This is where you reasonably believed that there was a threat to your safety.
• Mistaken identity
  • It was not you.