Victorian Numbered Acts

CRIMES AMENDMENT (SEXUAL OFFENCES) ACT 2016 (NO. 47 OF 2016) - SECT 25

For section 19 of the Summary Offences Act 1966 substitute —

        "     19     Sexual exposure

    (1)         A person (A) commits an offence if—

        (a)     A exposes (to any extent) A's genitals; and

        (b)     A intends to expose (to any extent) A's genitals; and

        (c)     the exposure is sexual; and

        (d)     the exposure is in, or is within the view of, a public place.

    (2)     A person who commits an offence against subsection (1) is liable to level 7 imprisonment (2 years maximum).

    (3)     It is not a defence to a charge for an offence against subsection (1) that, at the time of the conduct constituting the offence, A was under a mistaken but honest and reasonable belief that the exposure was not sexual.

    (4)     It is a defence to a charge for an offence against subsection (1) that, at the time of the conduct constituting the offence, A was under a mistaken but honest and reasonable belief that the exposure was not in, or within the view of, a public place.

    (5)     For the purposes of subsection (1), A's exposure of A's genitals may be sexual due to—

        (a)     the fact that A seeks or gets sexual arousal or sexual gratification from the exposure; or

        (b)     any other aspect of the exposure, including the circumstances in which it takes place and whether it is contrary to community standards of acceptable conduct.

    (6)     A's exposure of A's genitals is not sexual only because it is the genitals that are exposed.".

Part 4—Amendment of Jury Directions Act 2015