Editing Indecent exposure (section)

=== United Kingdom ===

The law concerning public nudity varies among the countries of the United Kingdom. In England and Wales, public nudity is not generally illegal, unless intended to cause alarm or distress members of the public.
In some places, such as Henley-on-Thames, local bye-laws  criminalise naked bathing in the river or sea, with a fine which has remained unchanged since the nineteenth century and is now trivial. Such bylaws are actually rendered unenforceable as they cannot override national legislation.
Concerns that the police do not take "Exposure" sufficiently seriously are matched by other opinions that public nudity is natural and proper. The College of Policing and the Crown Prosecution Service have issued very clear guidance that simple pasive naturism will not amount to any offence and do not require a police attendance.  Cases occasionally come before magistrates' courts, with varying outcomes.{{cn|date=November 2024}} However no naturist has been convicted for several years following the clarification of the Sexual Offences Act.

==== England and Wales ====

During the 19th and 20th centuries, indecent exposure was prosecuted under section 28 of the [[Town Police Clauses Act 1847]]<ref>{{Cite web|url=https://www.legislation.gov.uk/ukpga/1847/89/pdfs/ukpga_18470089_en.pdf|title=Town Police Clauses Act 1847 (as enacted)|website=Legislation.Gov.Uk|access-date=19 May 2018}}</ref> or section 4 of the [[Vagrancy Act 1824]]. The latter contained a provision for the prosecution of:
{{blockquote|every person wilfully openly, lewdly, and obscenely exposing his person in any street, road, or public highway, or in the view thereof, or in any place of public resort, with intent to insult any female&nbsp;...}}

This provision, and the nudity provision of the 1824 Vagrancy Act, were repealed by Schedule 7, s.140 of the [[Sexual Offences Act 2003]]. They were replaced by an offence that is both gender neutral, and more specific and explicit, '''66 Exposure'''.<ref>{{cite book|title=Public Indecency in England 1857–1960: 'A Serious and Growing Evil'|url=https://books.google.com/books?id=K1HeCQAAQBAJ|first1=David J.|last1=Cox|first2=Kim|last2=Stevenson|first3=Candida|last3=Harris|first4=Judith|last4=Rowbotham|publisher=Routledge|year=2015|isbn=9781317573838|volume=6|series=SOLON Explorations in Crime and Criminal Justice Histories|page=144}}</ref>
It is defined as

{{blockquote|A person commits an offence if—
# he intentionally exposes his genitals, and
# he intends that someone will see them and be caused alarm or distress.<ref name=soa/>}}

The maximum penalty is two years' imprisonment, very rare as most cases are dealt with by a fine or through community service.<ref name=soa>{{cite web|url=http://www.opsi.gov.uk/acts/acts2003/ukpga_20030042_en_5#pt1-pb18-l1g66 |title=Sexual Offences Act 2003 |author=Legislation.gov.uk |access-date=2010-09-14}}</ref><ref>{{cite web|website=legislation.gov.uk|publisher=The National Archives|title=Equality Act 2010|url=http://www.legislation.gov.uk/ukpga/2010/15/contents|access-date=9 February 2017}}</ref> If sentenced to a term of imprisonment or a [[community order]] in excess of 12 months such convicts (offenders) – or if the person they exposed themselves to was aged under 18 years old – they must appear on and sign the [[Violent and Sex Offender Register]].<ref>{{cite web|title=Sex Offenders Register|url=http://ukcriminallawblog.com/sex-offenders-register/|work=UK Criminal Law Blog|author=Dan Bunting|date=7 April 2015|access-date=14 May 2018|archive-date=27 February 2019|archive-url=https://web.archive.org/web/20190227082823/http://ukcriminallawblog.com/sex-offenders-register/|url-status=dead}}</ref>

In the past public nudity in England and Wales could also be punished as "disorderly behaviour" under the [[Public Order Act 1986]], sections 4A and 5.<ref>{{cite web|url=http://ukhumanrightsblog.com/2013/10/31/freedom-of-expression-nakedness-in-a-public-place/|title=Freedom of expression – nakedness in a public place |work=UK Human Rights Blog|date=31 October 2013}}</ref> However, the law was clarified in the spring of 2018 and those sections are no longer considered to apply to simple public nudity. Guidance from the [[Crown Prosecution Service]]<ref>{{cite web|url=https://www.cps.gov.uk/legal-guidance/nudity-public-guidance-handling-cases-naturism|title=Nudity in Public – Guidance on handling cases of Naturism |website=Crown Prosecution Service}}</ref> and the [[College of Policing]]<ref>{{cite web|url=http://library.college.police.uk/docs/nudity.pdf|title=Briefing note: Public nudity advice and decision aid|website=College of Policing|access-date=23 December 2018|archive-date=11 October 2018|archive-url=https://web.archive.org/web/20181011053529/http://library.college.police.uk/docs/nudity.pdf|url-status=dead}}</ref> does not recommend prosecution for public nudity if there is no implied intent to cause alarm (or distress). Intention can be inferred by [[circumstantial evidence]]; see [[Intention in English law]].

Occasional "streaking" by naked exhibitionists running across public sports fields is often enthusiastically applauded by the spectators, so negating any intention to cause alarm or distress. 
A common defence on arrest for indecent exposure is the innocent intent to urinate, but that may be prosecuted as a public nuisance. (At Holborn viaduct an old painted notice warns "Commit No Nuisance").

==== Scotland ====

Under [[Scots law]], "indecent conduct" in a public place, such as exposing the genitals or engaging in sexual activity, can constitute the common law offence of [[crimes of indecency in Scots law|public indecency]].<ref>{{cite web|title=Public decency|url=https://www.sexualhealthscotland.co.uk/sex-relationships/sex-law/public-decency|website=Sexual Health Scotland|date=4 February 2013|access-date=2 January 2019|archive-date=3 January 2019|archive-url=https://web.archive.org/web/20190103004746/https://www.sexualhealthscotland.co.uk/sex-relationships/sex-law/public-decency|url-status=dead}}</ref> [[Stephen Gough]], a man known as the "Naked Rambler" who hiked across Britain wearing only shoes, was arrested numerous times in Scotland. He was convicted of the common law offence of [[breach of the peace#Scotland|breach of the peace]] and spent time in prison for [[contempt of court]] for refusing to wear clothes whilst in court.<ref>{{cite news |title=Naked rambler bares all as he walks free from prison |url=https://www.telegraph.co.uk/news/uknews/law-and-order/9407444/Naked-rambler-bares-all-as-he-walks-free-from-prison.html |archive-url=https://ghostarchive.org/archive/20220112/https://www.telegraph.co.uk/news/uknews/law-and-order/9407444/Naked-rambler-bares-all-as-he-walks-free-from-prison.html |archive-date=12 January 2022 |url-access=subscription |url-status=live |access-date=10 July 2019 |newspaper=The Daily Telegraph |date=18 July 2012}}{{cbignore}}</ref>

==== Northern Ireland ====

The [[Sexual Offences (Northern Ireland) Order 2008]] brought the legislation regarding indecent exposure in Northern Ireland into line with that in England and Wales.<ref>{{cite act|website=legislation.gov.uk|url=https://www.legislation.gov.uk/nisi/2008/1769/article/70|title=The Sexual Offences (Northern Ireland) Order 2008|article=70|year=2008|type=Order}}</ref>