What the law says
Sections 9 of the Summary Offences Act Queensland states:
- A person must not wilfully expose his or her genitals, unless the person has a reasonable excuse.
- A person who is so near a public place that the person may be seen from the public place must not wilfully expose his or her genitals so that the person's genitals may be seen from the public place, unless the person has a reasonable excuse.
It is a circumstance of aggravation for this section for a person to wilfully expose his or her genitals so as to offend or embarrass another person.
What the police must prove
In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.
- The accused
- (a) was in or near a public place; and
- (b) did wilfully expose him or herself; or
- (c) Intended to offend or embarrass the person
It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.
The Maximum penalty for the offence of Wilful Exposure
- (a) Section 9 (1) is 2 penalty point unit ; or If the offence involves circumstances of aggravation- 40 penalty points or 1 years imprisonment.
- (b) Section 9 (2) is 2 penalty point units; or if the offence involves circumstances of aggravation-40 penalty point units or I years imprisonment.
Which court will hear the matter
This matter is simple offence which means it is dealt with in the Magistrates Court.
Possible defences to this offence include but are not limited to
- Identification i.e. not the accused.
- The behaviour was not in or near a public place.
- The accused did not wilfully expose him or herself.
- The accused did not intend to offend or embarrass to person.
Criminal Law Article written by Bill Potts (a Queensland criminal defence lawyer who is experienced in Wilful Exposure matters)