Outraging public decency is a common law offense recognized in England and Wales, in Hong Kong, and in the Australian states of New South Wales and Victoria. As a common law offense it has developed through judicial decisions rather than through a single statute defining its elements. It is used in these jurisdictions to prosecute conduct considered a serious affront to public standards of decency that may not be captured by a more specific statutory offense.
Facts
Classification CodeOutraging public decency is a common law offense in England and Wales, Hong Kong, and the Australian states of New South Wales and Victoria 1 Typical PenaltyPunishable in England and Wales by unlimited imprisonment or an unlimited fine 1 Elements of OffenseThe offense requires that the act be of such a lewd character as to outrage public decency, and that it take place in public where it is capable of being seen by two or more people 1 Notable ExampleThe 1989 conviction of artist Rick Gibson and his associate Sylveire for outraging public decency after exhibiting earrings made from freeze-dried human fetuses 1 Jurisdiction VariationEngland and Wales, the offense's primary jurisdiction, prosecutes it around four hundred to five hundred times a year, with the offense also recognized separately in Hong Kong and the Australian states of New South Wales and Victoria 1 Classification
Offense GradeMinor or Summary Offense 1 Connections
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Sources
1. Outraging Public Decency (Wikipedia)
WikipediaWikipedia, Definition section, second element
the act took place in a public place and must have been capable of being seen by two or more persons who were actually present, even if they did not actually see it.
Definition section, first sentence
Outraging public decency is a common law offence in England and Wales, Hong Kong and the Australian states of New South Wales and Victoria.
Definition section, second element
the act took place in a public place and must have been capable of being seen by two or more persons
Opening paragraph, penalty sentence
It is punishable by unlimited imprisonment and/or an unlimited fine.
The foetus earrings case section
On 9 February 1989 the jury found Gibson and Sylveire guilty of outraging public decency.
History and Definition section
the offence is currently prosecuted around 400-500 times per year
View the Source Department of Justice Canada (Justice Laws Website): Criminal Code, section 173
Department of Justice Canada (Justice Laws Website)In Group: Public Decency, Obscenity and Desecration, Section 173Quote, In Group: Public Decency, Obscenity and Desecration, Section 173
Everyone who wilfully does an indecent act in a public place in the presence of one or more persons, or in any place with intent to insult or offend any person, (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than two years; or (b) is guilty of an offence punishable on summary conviction.
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