Section 195K - Crimes Act 1958 - Grossly offensive public conduct

195K Grossly offensive public conduct

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

(a) the offender engages in conduct that grossly offends community standards of acceptable conduct; and

(b) that conduct—

(i) is engaged in at a public place; or

(ii) is seen or heard by a person in a public place; and

(i) the place at which the conduct is engaged in is a public place; or

(ii) the conduct is likely to be seen or heard by a person in a public place; and

(d) the offender knows, or a reasonable person would know, that the conduct would likely grossly offend community standards of acceptable conduct.

(3) A reference in subsection (1) to conduct being seen or heard does not include seeing or hearing it by using electronic communication.

(4) A person's conduct does not grossly offend community standards of acceptable conduct just because—

(a) the person uses language that is profane, indecent or obscene; or

(b) the person is intoxicated.

(5) It is a defence to a charge for an offence against subsection (1) if the accused engaged in the conduct reasonably and in good faith—

(a) in the performance, exhibition or distribution of an artistic work; or

(b) in the course of any statement or publication made, or discussion or debate held, or any other conduct engaged in, for—

(i) a genuine political, academic, educational, artistic, religious, cultural or scientific purpose; or

(ii) a purpose that is in the public interest; or

public place means—

(a) a public place within the meaning of section 3 of the Summary Offences Act 1966; or

(b) a non-Government school within the meaning of section 1.1.3(1) of the Education and Training Reform Act 2006; or

(c) a post-secondary education institution within the meaning of section 1.1.3(1) of the Education and Training Reform Act 2006.

S. 195L inserted by No. 35/2022 s. 4.

195KGrossly offensive public conduct