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INDECENCY PROVISIONS IN THE CRIMINAL CODE
The current relevant sections of the Criminal Code are sections 173 and 174. They state as follows:
(1) Every one who wilfully does an indecent act
(a) in a public place in the presence of one or more persons, or
(b) in any place, with intent thereby to insult or offend any person, is guilty of an offence punishable on summary conviction.
(2) Every person who, in any place, for a sexual purpose, exposes his or her genital organs to a person who is under the age of fourteen years is guilty of an offence punishable on summary conviction.
(1) Every one who, without lawful excuse,
- (a) is nude in a public place, or
- (b) is nude and exposed to public view while on private property, whether or not the property is his own, is guilty of an offence punishable on summary conviction.
(3) No proceedings shall be commenced under this section without the consent of the Attorney General.
Other offences in the Criminal Code that contain the concept of indecency are:
- Section 163(2)(b) [publicly exhibiting an indecent show]
- Section 167 [indecent theatrical performance]
- Section 168 [mailing indecent matter]
- Section 175(1)(b) [causing disturbance by indecent exhibition]
- Section 197 [definition of common bawdy house includes a place resorted to for the practice of acts of indecency].