Consensual sex in public isn’t directly identified as a punishable offence in many Australian States and Territories. However, in all jurisdictions of Australia there are a number of offensive acts that can be applied to people engaging in sex in public.
Unlike other States and Territories in Australia, Western Australia and Queensland have specific laws in their criminal codes that deal with indecent acts in public and obscene acts in public.
When sex is public?
Sex in public in this context is sex between two consenting adults in a place considered to be freely accessible to the public (as opposed to non-consensual offences such as sexual assault).
Types of offences and punishments for sex in public
New South Wales and Victoria don’t have specific public sex act laws, but if you are caught in public you could be found to have committed an offence under obscene exposure laws. In both NSW and Victoria, you can face time in jail for wilfully exposing yourself in public.
The main point to note is that in all jurisdictions of Australia if you engage in sex in public, you could be committing a number of offences from indecent exposure, breaching nuisance laws or committing an indecent or obscene act.
The penalties vary widely from $200 fines for being found guilty for a summary offence in Queensland to a maximum of 2 years imprisonment in Queensland and Western Australia for being found guilty of an indecent or obscene act.
While you might think you have a defence in being carried away in the moment, it is probably best to get a room.
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