Sex in Public

There is no specific offence of having sex in public. However, sex in public can lead to criminal charges relating to indecent behaviour or indecent exposure. This page deals with the offences relating to sex in public that exist in each state and territory of Australia.

Queensland

In Queensland, sex in public could lead to a charge of indecent act or wilful exposure.

Under section 227 of the Criminal Code 1899, a person commits an offence if they:

Wilfully and without lawful excuse do an indecent act in a place to which the public are permitted to have access;
Willfully do an indecent act in a place with intent to insult or offend a person.

This offence is punishable by imprisonment for up to two years.

Under section 9 of the Summary Offences Act 2005, a person commits an offence if they:

Wilfully expose their genitals in a public place without a reasonable excuse;
Wilfully expose their genitals in a place that can be seen from a public place;

This offence is aggravated if the act is done to offend or embarrass a person.

This offence is punishable by a fine of two penalty units. If the offence is aggravated, it is punishable by imprisonment for up to one year.

New South Wales

In New South Wales, sex in public could lead to a charge of obscene exposure. This is an offence under section 5 of the Summary Offences Act 1998. It occurs when a person wilfully and obscenely exposes their person within view of a public place or a school

It is punishable by a fine of up to 10 penalty units or imprisonment for up to six months.

Victoria

In Victoria, sex in public could lead to a charge of sexual exposure under section 19 of the Summary Offences Act 1966. Under that provision, it is an offence for a person to expose their genitals in a sexual way within view of the public. This offence carries a penalty of up to two years imprisonment.

South Australia

In South Australia, a person could be charged with indecent behaviour or gross indecency as a result of having sex in a public place. Under section 23 of the Summary Offences Act 1923, a person commits an offence if:

they behave in an indecent manner in a public place, while visible from a public place or in a police station
they behave in an indecent manner so as to offence or insult any person.

This offence is punishable by a fine of up to $1250 or imprisonment for up to three months.

Western Australia

In Western Australia, under section 203 of the Criminal Code Act Compilation Act 2013, a person commits an offence if they do an indecent act in in a public place or in sight of any person who is in a public place, or in a police station or lock-up.

This offence can attract a penalty of up to two years imprisonment.

Tasmania

In Tasmania, the Police Offences Act 1935 contains offences relating to indecent behaviour and public nudity.

Under section 21 of the Police Offences Act 1935, it is an offence to do any act or behave in a manner that reasonable person is likely to find indecent or offensive in the circumstances. This offence can attract a fine of up to 50 penalty units or imprisonment for up to 12 months.

Under section 14 of the Police Offences Act 1935, it is an offence to bathe or sunbake in a lake, river, harbour or stream without being decently clothed, unless the conduct is authorized by law. This is punishable by a fine of one penalty unit.

Australian Capital Territory

In the ACT, section 393 of the Crimes Act 1900 makes it an offence to expose one’s person in a public place or in view of a person who is in a public place. This is punishable by a fine of up to 20 penalty units, imprisonment for up to one year, or both.

Northern Territory

In the NT, indecent exposure is an offence under section 50 of the Summary Offences Act 1923. It is committed when a person exposes their person in a street or public place or in view thereof. It carries a maximum penalty of a fine of $2000 or imprisonment for six months, or both.

Under section 133 of the Criminal Code Act 1983, gross indecency in public is an offence that can attract up to two years imprisonment.

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.

Author

Fernanda Dahlstrom

Fernanda Dahlstrom has a Bachelor of Laws from Latrobe University, a Graduate Diploma in Legal Practice from the College of Law, a Bachelor of Arts from the University of Melbourne and a Master of Arts (Writing and Literature) from Deakin University. Fernanda practised law for eight years, working in criminal defence, child protection and domestic violence law in the Northern Territory. She also practised in family law after moving to Brisbane in 2016.