Key points

  • There is no offence called "sex in public" in Australia, but sex in or within view of a public place can be charged as an indecent act, indecent or offensive behaviour, or exposure.
  • Where it happens matters: most offences apply in a public place or where people in a public place can see you, and a car can count.
  • The most serious charges carry up to 2 years' imprisonment: an indecent act in Queensland or Western Australia, and sexual exposure in Victoria.
  • In NSW, obscene exposure carries up to 10 penalty units ($1,100) or 6 months.
  • Lesser charges such as offensive behaviour or public nuisance carry fines or maximum prison terms of up to 6 months.
  • Some defences exist, such as an honest and reasonable belief that you could not be seen (Victoria) or public benefit (Western Australia).
  • For advice on a charge, call 1800 577 015 at any hour: free general legal information, and a 60-minute consultation with a lawyer who practises in your state for a fixed $295.

There is no offence called "sex in public" in Australia, but sexual activity in, or within view of, a public place can be charged under each state's laws on indecent acts, indecent or offensive behaviour, or exposure. The maximum penalties range from fines to 2 years' imprisonment: for example, an indecent act in a public place carries up to 2 years in Queensland (Criminal Code, s 227) and Western Australia (Criminal Code, s 203), and sexual exposure in or within view of a public place carries up to 2 years in Victoria (Summary Offences Act 1966, s 19).

Checked on 23 October 2026 against the legislation of each state and territory except Tasmania, and the Local Court of NSW's current maximum penalties.

Is sex in public illegal? The offences and penalties by state

State or territoryMain offencesMaximum penalty
New South WalesObscene exposure (Summary Offences Act 1988, s 5); offensive conduct (s 4)Obscene exposure: 10 penalty units ($1,100) or 6 months. Offensive conduct: 6 penalty units ($660) or 3 months.
VictoriaSexual exposure (Summary Offences Act 1966, s 19); indecent or offensive behaviour in or near a public place (s 17)Sexual exposure: 2 years' imprisonment. Behaviour: 10 penalty units ($2,091) or 2 months; 15 ($3,136.50) or 3 months for a second offence; 25 ($5,227.50) or 6 months after that.
QueenslandIndecent acts (Criminal Code, s 227); wilful exposure (Summary Offences Act 2005, s 9); public nuisance (s 6)Indecent acts: 2 years. Wilful exposure: 2 penalty units, or 40 penalty units or 1 year if done to offend or embarrass someone. Public nuisance: 10 penalty units or 6 months.
Western AustraliaIndecent act in public (Criminal Code, s 203); indecent act with intent to offend (s 204)Section 203: 2 years, or 9 months and $9,000 if dealt with summarily. Section 204: 3 years, or 12 months and $12,000 summarily.
South AustraliaIndecent behaviour; grossly indecent act (Summary Offences Act 1953, s 23)Indecent behaviour: $1,250 or 3 months. Grossly indecent act, alone or with another person: $2,500 or 6 months.
Australian Capital TerritoryOffensive behaviour (Crimes Act 1900, s 392); indecent exposure (s 393)Offensive behaviour: 20 penalty units. Indecent exposure: 20 penalty units, 1 year's imprisonment, or both.
Northern TerritoryOffensive or indecent behaviour (Summary Offences Act 1923, s 47); indecent exposure (s 50)Each: $2,000, 6 months' imprisonment, or both.
TasmaniaNot covered here: Tasmania's legislation website could not be reached securely when this page was checked. Get advice for Tasmania.

The New South Wales penalties are from the Local Court of NSW's current maximum penalties table in the Judicial Commission's Local Court Bench Book. Dollar figures use a penalty unit of $110 in New South Wales and $209.10 in Victoria (2026-27). The Queensland and ACT penalty units are not converted here.

What counts as "public"

Most of these offences turn on where the act happens and who could see it. The wording differs from state to state:

  • New South Wales: the Bench Book lists the offences as obscene exposure and offensive conduct; the Summary Offences Act 1988 could not be read on the day this page was checked, so the exact wording is not set out here.
  • Victoria: sexual exposure covers exposure "in, or within the view of," a public place. The exposure must be sexual: it is not sexual only because genitals are exposed, but it can be sexual because of the circumstances, including whether it is contrary to community standards.
  • Queensland: the indecent acts offence covers any place the public may access, whether or not they pay to get in, and any place at all if the act is meant to insult or offend; wilful exposure covers someone in a public place, or so near one that they can be seen from it.
  • Western Australia: an indecent act in a public place, or in the sight of anyone who is in a public place.
  • South Australia: a grossly indecent act in a public place or while visible from a public place or from occupied premises, whether alone or with another person.
  • ACT and Northern Territory: exposure or behaviour in a public place or within view of one (in the ACT, within the view of a person in a public place).

In a car: a car on a street or in a public car park can be in, or visible from, a public place, so these offences can apply to sex in a car where others could see it.

Defences and exceptions

  • Victoria: it is a defence to sexual exposure that you honestly and reasonably, but mistakenly, believed you were not in or within view of a public place. A mistaken belief that the exposure was not sexual is not a defence.
  • Queensland: wilful exposure allows a reasonable excuse, and the indecent acts offence in a public place requires the act to be done "without lawful excuse". The indecent acts offence does not apply to acts done under an adult entertainment permit.
  • Western Australia: it is a defence to prove that it was for the public benefit that the act was done.
  • South Australia: being nude in an area set aside under an Act for unclad bathing, or in the waters next to it, is not by itself an offence.

Free legal help

ServiceNumberHours
LawAccess NSW (Legal Aid NSW)1300 888 5299am to 5pm, Monday to Friday
Victoria Legal Aid1300 792 3878am to 6pm, Monday to Friday
Legal Aid Queensland1300 65 11 888:30am to 4:30pm, Monday to Friday
Legal Aid WA Infoline1300 650 5799am to 4pm (Western time), Monday to Friday
Legal Services Commission of South Australia1300 366 4249am to 4.30pm, weekdays
Legal Aid ACT Helpline1300 654 3148:30am to 7pm Monday to Thursday; 8:30am to 5pm Friday
Tasmania Legal Aid1300 366 6118:45am to 5pm, Monday to Friday

How Go To Court Lawyers can help

Our free line, 1800 577 015, answers at any hour. Jen, our AI legal information assistant, gives general legal information and takes your details; Jen is not a lawyer and does not give advice about your case. A 60-minute consultation with a lawyer who practises in your state or territory is a fixed $295, by phone, video or in person where the lawyer offers it. The lawyer can advise you on the charge, whether the place was public or visible from a public place, any defence, and how to avoid a conviction where that is possible. Requests are taken at any hour; how soon a lawyer can see you depends on who is available. Request a $295 consultation.

General information only, not legal advice. Updated 23 October 2026. Checked on 23 October 2026 against: the Local Court Bench Book's current maximum penalties for the Summary Offences Act 1988 (NSW), ss 4 and 5; the Summary Offences Act 1966 (Vic), version 149, ss 17 and 19; the Criminal Code (Qld), current at 1 June 2026, s 227, and the Summary Offences Act 2005 (Qld), current at 1 July 2026, ss 6 and 9; the Criminal Code (WA), as at 1 May 2026, ss 203 and 204; the Summary Offences Act 1953 (SA), version of 1 July 2026, ss 23 and 23A; the Crimes Act 1900 (ACT), republication 155, ss 392 and 393; and the Summary Offences Act 1923 (NT), ss 47 and 50. Tasmania's legislation website could not be reached securely that day.

Frequently Asked Questions

Is it illegal to have sex in public in Australia?

There is no offence called "sex in public", but sex in a public place, or where people in a public place can see it, can be charged as an indecent act, indecent or offensive behaviour, or exposure, depending on the state. The maximum penalties range from fines to 2 years' imprisonment.

What is public indecency?

It is a general term, not the name of one offence. Each state has its own offences, such as obscene exposure and offensive conduct in New South Wales, sexual exposure in Victoria, indecent acts in Queensland and Western Australia, and indecent behaviour or a grossly indecent act in South Australia.

What is the penalty for indecent exposure?

It depends on the state. For example: in New South Wales, obscene exposure carries up to 10 penalty units ($1,100) or 6 months; in Victoria, sexual exposure carries up to 2 years; in the ACT, indecent exposure carries up to 20 penalty units, 1 year or both; in the Northern Territory, $2,000, 6 months or both.

Is it illegal to have sex in a car?

It can be. A car on a street or in a public car park can be in, or visible from, a public place, and most of these offences apply to acts in a public place or where people in a public place can see them. Whether an offence was committed depends on where the car was and who could see in.

What are the indecent exposure laws in Victoria?

Section 19 of the Summary Offences Act 1966 makes it an offence to intentionally expose your genitals in a sexual way in, or within view of, a public place, with a maximum of 2 years' imprisonment. It is a defence that you honestly and reasonably believed you were not in or within view of a public place.

Can you go to jail for having sex in public?

Yes, in some states. Queensland's indecent acts offence and Western Australia's indecent act in public each carry up to 2 years, and Victoria's sexual exposure offence up to 2 years. Most of these are summary offences heard in the Magistrates or Local Court, and the outcome depends on the facts and your record.

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