Indecent exposure
Indecent exposure is the deliberate public exposure by a person of a portion of their body in a manner contrary to local standards of appropriate behavior. Laws and social attitudes regarding indecent exposure vary significantly in different countries. It ranges from outright prohibition of the exposure of any body parts other than the hands or face 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 in some jurisdictions, 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.
History
What is an inappropriate state of dress in a particular context depends on the standards of decency of the community where an exposure takes place. These standards vary from time to time and can vary from the very strict standards of modesty in places such as Afghanistan and Saudi Arabia, which require most of the body to be covered, to tribal societies such as the Pirahã or Mursi where full nakedness is the norm. There is generally no implication that the state of dress objected to is of a sexual nature; and if such an allegation were to be made, the act would generally be described as "gross indecency".The standards of decency have varied over time. During the Victorian era, for example, exposure of a woman's legs, and to some extent the arms, was considered indecent in much of the Western world. Hair was sometimes required to be covered in formal occasions as in the form of a hat or bonnet. As late as the 1930s – and to some extent, the 1950s – both women and men were expected to bathe or swim in public places wearing bathing suits that covered above the waist. An adult woman exposing her navel was also considered indecent in parts of the West into the 1960s and 1970s, and even as late as the 1980s. Moral values changed drastically during the 1990s and 2000s, which in turn changed the criteria for indecent exposure. Public exposure of the navel has been accepted during the 1990s, while in the 2000s, exposure of the buttocks while wearing a thong at a beach became acceptable. Female toplessness, however, has become more taboo in recent decades; for many years it was quite common for women to go topless at public beaches throughout Europe and South America and even some parts of the United States.
Breastfeeding
does not constitute indecent exposure under the laws of the United States, Canada, Australia, or Great Britain. In the United States, the federal government and all 50 states have enacted laws specifically protecting nursing mothers from harassment by others. Legislation ranges from simply exempting breastfeeding from laws regarding indecent exposure, to outright full protection of the right to nurse.In some jurisdictions, such as Northern Ireland, other laws not specific to breastfeeding are used to protect those who breastfeed.
Public clothing
Public clothing varies by country and may be regulated by law. What parts of the body must be covered varies by region. Although genitals are usually expected to be covered in public in almost all societies, when it comes to other parts of the body such as female breasts, midriff, legs or shoulders, norms vary. For example, in some African cultures, it is the thighs, not the breasts, that must be covered. In some societies, the head hair, especially female, must be covered, usually with a scarf. The vast majority of cultures accept that the face can and must be seen, but some cultures require that a woman's face be covered under a burqa. In conservative societies, appearing in a public place in clothing that is deemed 'indecent' is illegal. In many countries there are exceptions to the general rules regarding clothing. For instance, a country that generally prohibits full nudity may allow it in designated places, such as nude beaches, or during various social events such as festivals or nude protests.In some cultural contexts, clothing conventions differ not only by gender but also by societal perception of modesty and exposure. For instance, boys wearing skirts—although not traditional in many regions—have been increasingly accepted as part of modern, gender-fluid fashion trends. However, incidents of indecent exposure involving boys in skirts have sometimes elicited different public reactions compared to similar incidents involving women.
Outraging public decency
Outraging public decency is a common law offence in England and Wales. It is a broader offence than indecent exposure, but can only be committed in a public place where at least two people are present, who need not actually witness it.Africa
Namibia
n authorities announced that foreign tourists who were nude while visiting the Namib-Naukluft National Park would be banned from all national parks.Asia
Saudi Arabia
Women in Saudi Arabia were required to wear robes and a headscarf when in public, although Crown Prince Mohammed bin Salman has said that it is not required. In September 2019, Saudi Arabia issued the public decency law identifying the rules related to the public decency that citizens and tourists should follow in compliance with Saudi law.Europe
Attitudes towards nudity vary by country and are generally most relaxed in Scandinavia, where genitals and breasts are not normally considered indecent or obscene. Hence, laws and societal views on public nudity are generally relaxed. In Finland, it is very typical for patrons to bathe nude in the intense heat of saunas.In the Netherlands, public nudity is allowed at sites that have been assigned by the local authorities and "other suitable places". On nudist beaches, in unisex saunas and in swimming pool changing rooms, remaining partially clothed is frowned upon and the social norm is to undress.
In Barcelona, public nudity was a recognised right. However, on 30 April 2011, the Barcelona City Council voted a by-law forbidding walking "naked or nearly naked in public spaces" and limiting the wearing of bathing costumes to pools, beaches, adjacent streets and sea-side walks.
Other countries, such as the UK, Ireland or Poland, are more conservative.
United Kingdom
The law concerning public nudity varies among the countries of the United Kingdom. In England and Wales, public nudity is not generally illegal, unless intended to cause alarm or distress members of the public.In some places, such as Henley-on-Thames, local by-laws criminalise naked bathing in the river or sea, with a fine which has remained unchanged since the nineteenth century and is now trivial. Such bylaws are actually rendered unenforceable as they cannot override national legislation.
Concerns that the police do not take "Exposure" sufficiently seriously are matched by other opinions that public nudity is natural and proper. The College of Policing and the Crown Prosecution Service have issued very clear guidance that simple passive naturism will not amount to any offence and do not require a police attendance. Cases occasionally come before magistrates' courts, with varying outcomes. However no naturist has been convicted for several years following the clarification of the Sexual Offences Act.
England and Wales
During the 19th and 20th centuries, indecent exposure was prosecuted under section 28 of the Town Police Clauses Act 1847 or section 4 of the Vagrancy Act 1824. The latter contained a provision for the prosecution of:This provision, and the nudity provision of the 1824 Vagrancy Act, were repealed by Schedule 7, s.140 of the Sexual Offences Act 2003. They were replaced by an offence that is both gender neutral, and more specific and explicit, 66 Exposure.
It is defined as
The maximum penalty is two years' imprisonment, very rare as most cases are dealt with by a fine or through community service. If sentenced to a term of imprisonment or a community order in excess of 12 months – or if the person they exposed themselves to was aged under 18 years old – they must appear on and sign the Violent and Sex Offender Register.
In the past public nudity in England and Wales could also be punished as "disorderly behaviour" under the Public Order Act 1986, sections 4A and 5. However, the law was clarified in the spring of 2018 and those sections are no longer considered to apply to simple public nudity. Guidance from the Crown Prosecution Service and the College of Policing does not recommend prosecution for public nudity if there is no implied intent to cause alarm. Intention can be inferred by circumstantial evidence; see Intention in English law.
Occasional "streaking" by naked exhibitionists running across public sports fields is often enthusiastically applauded by the spectators, so negating any intention to cause alarm or distress.
A common defence on arrest for indecent exposure is the innocent intent to urinate, but that may be prosecuted as a public nuisance..