Wilful and obscene exposure is a criminal offence in NSW that can arise from incidents in public places. This includes places such as streets, parks, benches or nightlife areas. The circumstances and intent behind the conduct are crucial and many charges can be successfully defended.
Our criminal lawyers regularly represent clients charged with wilful and obscene exposure and frequently resolve matters by way of dismissal, not guilty verdict or a non-conviction outcome. This would mean no criminal record is recorded.
What is wilful and obscene exposure offence?
Wilful and obscene exposure is dealt with is section 5 of the Summary Offences Act 1988 (NSW).  It states that ‘A person shall not, in or within view from a public place or a school, wilfully and obscenely expose his or her person.’
To prove the charge, the prosecution must establish that:
- The accused exposed their genitals,
- The exposure was intentional,
- It occurred in a public place or within view of a public place, and
- The exposure was obscene according to community standards.
Penalties for wilful and obscene offences
The maximum penalty for the offence is 6 months imprisonment and a $1,100 fine.
Depending on the circumstances, the court may impose either a fine, a conditional release order, a community correction order, intensive correction order, or imprisonment.
How do I beat a charge of wilful obscene exposure?
Common defence arguments include:
- The exposure was not intentional,
- The conduct was not obscene in the circumstances,
- Insufficient evidence or mistaken identity,
- The incident did not occur in a public place.
Pleading Guilty
If you agree that you have committed the offence (and the police are able to prove so), it is best to plead guilty as you will normally receive a discount on your sentence, and it will demonstrate remorse and contrition.
Our solicitors have a proven track record of having offensive conduct charges dealt with by way of section 10, meaning no conviction will be recorded and you will have no criminal record.
You can read about all the sentencing options that a court has, including having no conviction recorded.
Do I need references?
We believe references are an extremely important part of a plea of guilty in court. Read about court processes and how to write a good character reference.
Why choose Australian Criminal Law Group?
Our criminal lawyers are experts at obtaining the best outcome possible for obscene exposure offences. For these offences, a good lawyer can be the difference between a conviction and no criminal record and freedom or jail. To read more about Australian Criminal Law Group, click here. To discuss your Obscene exposure charge, call Australian Criminal Law Group at our Sydney, Parramatta, and Blacktown offices or make a website inquiry today.