Citizendia

See also: Public indecency and Exhibitionism

Indecent exposure is the deliberate exposure by a person of a portion or portions of his or her own body under circumstances where such an exposure is likely to be seen as contrary to the local prevalent standards of decency [1], and may in fact be a violation of law. Public indecency refers to activity prohibited by the Law in many locations Although the implications of each may overlap in special circumstances generally exhibitionism is not to be confused with Indecent exposure. In some countries a breach of the standards of modesty may constitute public indecency. Standards of modesty (also called demureness or reticence) are aspects of the Culture of a Country or people at a given point in time

Contents

Overview

What constitutes indecent exposure depends on the standards of decency of the community where the exposure takes place. Decency is conformity to sociocultural standards of conduct and speech These standards can vary from the very strict standards of modesty imposed on women by the Taliban regime of Afghanistan, which imposed the wearing of the Burqa . Standards of modesty (also called demureness or reticence) are aspects of the Culture of a Country or people at a given point in time The Taliban ( طالبان, also anglicised as Taleban; translation "students" is a Sunni Islamist, predominately The word regime (occasionally spelled " régime " particularly in older texts refers to a set of conditions most often of a Political nature Afghanistan /æfˈgænɪstæn/ officially the Islamic Republic of Afghanistan ( Pashto: د افغانستان اسلامي جمهوریت, A burqa (also Transliterated burkha, burka or burqua) is an enveloping outer garment worn by women in some Islamic traditions for the In Pakistan, exposure of any part of an adult woman's body is considered indecent except for ‎arms up to elbows, feet and head including neck; however, wearing half sleeves and ‎keeping the head uncovered are considered liberal and modern rather than the norm. Pakistan () officially the Islamic Republic of Pakistan, is a country located in South Asia, Southwest Asia, Middle East and

Even within a communities, what will be seen as indecent will also depend on the context in which the exposure takes place. For example, it would be a reasonable expectation to see a naked person on a designated nude beach. Nudity is the state of wearing no Clothing. The term' "nudity" can also occasionally be used to refer to wearing significantly less clothing than expected A nude beach (British English naturist or nudist beach) is a Beach where users are legally at liberty to be nude. However, even on that beach it may not be expected to witness explicit sexual activity. Indecent exposure is normally understood to be exposure of an adult's genitalia, but it may also involve masturbation, sexual intercourse, etc. For the 2008 British film by Noel Clarke see Adulthood (film. A sex organ, or primary sexual characteristic, as narrowly defined is any of the anatomical parts of the body which are involved in sexual reproduction and constitute Masturbation refers to Sexual stimulation especially of one's own genitals ( self masturbation) and often to the point of Orgasm, which Sexual intercourse, in its biological sense is the act in which the male reproductive organ (in humans and other higher animals enters the female reproductive tract in a public place. A public space refers to an area or place that is open and accessible to all citizens regardless of Gender, Race, Ethnicity, Age or

The standards of decency may also vary over time. During the Victorian era, for example, exposure of a woman's legs was considered indecent in much of the Western world. Culture The Victorian fascination with novelty resulted in a deep interest in the relationship between modernity and cultural continuities A leg is a limb on an Animal 's Body that supports the rest of the animal above the ground between the Ankle and the Hip and is used for The term Western world, the West or the Occident ( Latin: occidens -sunset -west as distinct from the Orient) can have multiple meanings As late as the 1930s, both women and men were largely prevented from bathing or swimming in public places without wearing bathing suits that covered above the waist. A swimsuit, bathing suit or swimming costume is an item of Clothing designed to be worn for Swimming. An adult woman exposing her navel was also considered indecent in the West up through as late as the 1960s and 1970s. The navel (also called an umbilicus or colloquially belly button) is a Scar on the Abdomen, caused when the Umbilical cord is removed The 1960s decade refers to the years from the beginning of 1960 to the end of 1969 This article is about the Decade 1970-1979 For the Year 1970 see 1970. Today, however, it is quite common for women to go topless at public beaches throughout Europe, South America, Australia and New Zealand. South America is a Continent of the Americas, situated entirely in the Western Hemisphere and mostly in the Southern Hemisphere, with a For a topic outline on this subject see List of basic Australia topics. New Zealand is an Island country in the south-western Pacific Ocean comprising two main landmasses (the North Island and the South Island ‎

What qualifies as indecent exposure varies with the authority having jurisdiction. Indecent exposure is often prohibited as a criminal offense. For example, before the Labour Party of the United Kingdom revised the law, "indecent exposure" was defined exclusively as a man exposing his erect penis to the public. The Labour Party is a Political party in the United Kingdom. Founded at the start of the 20th century it has been since the 1920s the principal party of the A man is a Male Human. The term man (irregular plural The erection of the Penis, Clitoris or a Nipple is its enlarged and firm state The penis (plural penises, penes

Although the phenomenon widely known as flashing may be free from sexual motive or intent, it nonetheless requires the public exposure of the genitals and/or breasts and is therefore defined by statute in many states of the United States as prohibited criminal behavior. Although the implications of each may overlap in special circumstances generally exhibitionism is not to be confused with Indecent exposure. [1]

The motivation of the exposure is sometimes based on it being unusual and/or inappropriate, such as when it is for fun, as a protest, or to show disrespect; the effects (including negative consequences) may be enhanced by intended or unintended publication of a photograph or film of the act. See also mooning. Mooning is the act of displaying one's bare Buttocks by removing clothing e

Breastfeeding does not constitute indecent exposure under the laws of the United States, Canada, Australia, or Scotland[2]. Breastfeeding is the feeding of an Infant or young Child with Breast milk directly from human Breasts, not from a Baby bottle or other The United States of America —commonly referred to as the Country to "Dominion of Canada" or "Canadian Federation" or anything else please read the Talk Page For a topic outline on this subject see List of basic Australia topics. Scotland ( Gaelic: Alba) is a Country in northwest Europethat occupies the northern third of the island of Great Britain. In the United States, the federal government and the majority of states have enacted laws specifically protecting nursing mothers from harassment by others. The federal government of the United States is the central United States Governmental body established by the United States Constitution. Legislation ranges from simply exempting breastfeeding from laws regarding indecent exposure, to outright full protection of the right to nurse. However, mainstream ambivalence towards breastfeeding may prevent many women from exercising this right. Laws protecting the right to nurse aim to change attitudes and promote increased feelings of freedom and entitlement to breastfeed in public.

Legal Status in the United Kingdom

In England, Wales and Northern Ireland, it is an offence to indecently expose oneself. Indecent exposure is defined as someone, male or female, exposing their genitals intending another person to see them and thereby to cause alarm or distress to them. The offence is covered by section 66 of the Sexual Offences Act 2003, with the maximum penalty being imprisonment of two years. The Sexual Offences Act 2003 is an Act of Parliament in the United Kingdom that was passed in 2003 and became law on 1 May 2004

Legal Status in the United States

In the fifty states of the United States indecent exposure is defined by state law as exposure of the genitals and/or the female breast in a public place and may in some states require evidence of intent to shock, arouse or offend other persons. The act is prohibited by state laws titled variously as Indecent Exposure, Sexual Misconduct, Public Lewdness, and Public Indecency. It is a criminal offense in all fifty states and is punishable by fines and/or imprisonment, and in some states a conviction results in having to register as a sex offender.

Links to state criminal codes may be found at the Cornell Law School Index.

Specific state statutes on indecent exposure

Indecent exposure is also defined as a crime by the U.S. Uniform Code of Military Justice Sec. 552. regarding rape, sexual assault, and other sexual misconduct.

Exemption for breastfeeding of infants

A majority of states have enacted statutes specifically permitting the exposure of the female breast by women breast-feeding infants, or exempting such women from prosecution under applicable statutes. [2][3]

U.S. Public Law 106-58 Sec. 647. enacted in 1999, specifically provides that "a woman may breastfeed her child at any location in a Federal building or on Federal property, if the woman and her child are otherwise authorized to be present at the location. "

Note: the application of state and federal statutes in the US may be modified by judicial precedent. [4][5]

Legal Status in Australia

In Australia, it is a summary and indictable (either at common law or by statute) offence prohibited by laws of each State and Territory to expose one's genitals (in New South Wales and the Northern Territory - 'his or her person' [3]) in a public place or in view of a public place. For the simplification and shortening of a longer text see Summary. In the Common law legal system an indictment (ɪnˈdaɪtmənt (in-DITE-mint is a formal accusation of having committed a criminal offense The Commonwealth of Australia is made up of 8 states and territories controlled under a federal system of government

The maximum penalty can range from 6 months [6] up to 2 years [7] imprisonment.

For specific state Acts see

It has been noted that a term such as "exposing one's person" relates back to the United Kingdom Vagrancy Act 1824 and Evans v Ewels (1972)[4] where it was said that the word "person" was a genteel synonym for "penis". An Act of Parliament is a Law enacted as Primary legislation by a national or sub-national Parliament. However, the word "person" in s5 of the (NSW) Summary Offences Act is not limited to "penis". The section applies equally to females as well as males. This term is used in New South Wales, the Australian Capital Territory and the Northern Territory. In the other States the exposure refers to one's genital area. A sex organ, or primary sexual characteristic, as narrowly defined is any of the anatomical parts of the body which are involved in sexual reproduction and constitute In a sense, therefor, the term "person" can be wider than "genitalia".

In the case of both males and females, the parts of the body which are capable of being employed for the purpose of obscene exposure are limited. The concepts of obscenity and exposure in a practical sense restrict the potential operation of the provision. There is a question as to whether there is any further restriction to be found in the word "person". The Crown Advocate has submitted that there may be circumstances in which the exposure of the breasts of a woman is capable of being regarded as obscene, and that it is not difficult to imagine circumstances in which the exposure of a person's buttocks could be obscene.

However -

It is unnecessary and inappropriate to decide in the present case whether her submissions in that regard are correct. The jurisdiction which this Court is exercising is a jurisdiction confined to determining questions of law which arise in the case before the District Court. No question arises in the present case as to whether there are any circumstances in which the exposure by a female of breasts, or by a female or male of buttocks, could involve a contravention of s5. The prosecution case against the appellant was that he obscenely exposed his penis and other genitals. It is sufficient for resolution of the present case to say that this was capable of constituting exposure of "his person" for the purposes of the proceedings against him. (per Regina v Eyles NSWSC 452 (1 October 1997))

Notes

  1. ^ Merriam-Webster's Collegiate Dictionary, Tenth Edition (Merriam-Webster Inc. , 2001), "indecent exposure" p. 589
  2. ^ Breastfeeding etc. (Scotland) Act 2005.. Retrieved on 2007-05-22. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Events 334 BC - The Greek army of Alexander the Great defeats Darius III of Persia in the Battle of the Granicus.
  3. ^ Regina v Eyles Matter No 60305/97 (1997) NSWSC 452 (1 October 1997)
  4. ^ Evans v Ewels [1972] 1 WLR 671.

See also

Naturism or nudism is a cultural and Political movement advocating and defending social Nudity in private and in public. Nudity is the state of wearing no Clothing. The term' "nudity" can also occasionally be used to refer to wearing significantly less clothing than expected Public nudity or nude in public (NIP refers to Nudity not in an entirely private context Streaking is the act of taking off one's clothes and running naked through a public place Although the implications of each may overlap in special circumstances generally exhibitionism is not to be confused with Indecent exposure. Public indecency refers to activity prohibited by the Law in many locations Obscenity (in Latin obscenus, meaning "foul repulsive detestable" is a term that is most often used in a legal context to Anasyrma (plural anasyrmata) also called anasyrmos, is the Gesture of lifting up the Skirt or Kilt.

Dictionary

indecent exposure

-noun

  1. (law) The intentional exposure of the genitals or female breasts in public (in lands where this is not the cultural norm).
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