At Chidiac & Associates, we provide experienced criminal defence representation to clients facing Obscene Exposure charges throughout Sydney and New South Wales. We carefully examine the circumstances of the alleged exposure, where it occurred, who could see it and whether the Prosecution can establish the required elements of the offence.

What is Obscene Exposure?

Under section 5 of the Summary Offences Act 1988 (NSW):

A person must not, in or within view from a public place or a school, wilfully and obscenely expose his or her person.

The offence therefore requires more than simply an allegation that a person was naked or exposed part of their body. The Prosecution must establish that the exposure was wilful and obscene, and occurred in the circumstances specified by the legislation.

Examples of Obscene Exposure Allegations

An allegation may arise from conduct such as:

• deliberately exposing one's genitals in a public place;
• exposing oneself where members of the public can see the conduct;
• exposing oneself from private premises where the person is visible from a public place; or
• deliberately exposing oneself in or within view of a school.

The circumstances surrounding the alleged exposure are important, including whether it was deliberate, who could see it and the context in which it occurred.

Elements of Obscene Exposure

To establish an offence under section 5, the Prosecution must prove the relevant elements beyond reasonable doubt.

1. The Accused Exposed Their Person

The Prosecution must establish that the accused exposed their person.

The precise nature of the alleged exposure and the circumstances in which it occurred will be relevant.

2. The Exposure Was Wilful

The Prosecution must establish that the exposure was wilful.

An accidental exposure or an exposure that occurred without the required intention may therefore raise an important issue in the Prosecution case.

3. The Exposure Was Obscene

The Prosecution must establish that the exposure was obscene.

Whether conduct is obscene is assessed in the circumstances of the particular allegation. The surrounding circumstances, purpose and nature of the conduct may therefore be important.

4. The Exposure Occurred in the Required Circumstances

The Prosecution must establish that the exposure occurred:

• in a public place;
• within view from a public place; or
• in or within view from a school.

A person does not necessarily need to be physically located in a public place for the offence to apply. Conduct occurring on private premises may still fall within the provision if it is within view from a public place.

What Are the Penalties for Obscene Exposure?

Under section 5 of the Summary Offences Act 1988 (NSW), the maximum penalty is:

10 penalty units

or

6 months' imprisonment

These are maximum penalties and do not mean that a person convicted of Obscene Exposure will necessarily receive imprisonment.

Penalty at a Glace

Can I Defend an Obscene Exposure Charge?

Being charged with Obscene Exposure does not mean that you are guilty. The Prosecution bears the burden of proving the offence beyond reasonable doubt.

Depending upon the circumstances, potential issues may include:

• the exposure was accidental rather than wilful;
• the accused did not expose themselves as alleged;
• the conduct was not obscene in the circumstances;
• the exposure did not occur in or within view from a public place or school;
• the Prosecution cannot establish that the accused was responsible;
• witnesses have provided inconsistent accounts;
• CCTV or other footage contradicts the Prosecution case; or
• the circumstances have been misunderstood or taken out of context.

The appropriate defence will depend upon the particular evidence.

Evidence in Obscene Exposure Cases

The Prosecution may rely upon:

• CCTV footage;
• body-worn camera footage;
• mobile phone recordings;
• photographs;
• eyewitness accounts;
• police statements; and
• admissions allegedly made by the accused.

The precise circumstances in which the alleged exposure occurred can be particularly important. Evidence concerning where the accused was located, who could see them and what occurred immediately before and after the alleged incident may be relevant.

Sentencing for Obscene Exposure

Where a person is convicted, the court may consider:

• the nature of the alleged exposure;
• whether the conduct was deliberate;
• the location;
• whether members of the public were present;
• whether the conduct was directed towards a particular person;
• the circumstances surrounding the incident;
• the offender's criminal history;
• personal circumstances;
• remorse and prospects of rehabilitation; and
• whether an early guilty plea was entered.

The court will consider both the circumstances of the offending and the individual circumstances of the offender.

How We Can Help

At Chidiac & Associates, we provide:

• confidential advice about your Obscene Exposure charge;
• detailed analysis of the Prosecution evidence;
• examination of CCTV and other footage;
• assessment of witness accounts;
• advice concerning the elements of the offence;
• advice concerning potential defences;
• representation at court;
• negotiations with prosecutors where appropriate;
• preparation for defended hearings; and
• sentencing advice and representation.

Our approach is built on thorough preparation, practical advice and strong courtroom advocacy.