Indecent language
Under s 22 of the Summary Offences Act 1953 (SA), it is an offence to use language that is indecent or profane, or to sing indecent or profane songs:
Language is indecent if it is highly offensive to the recognised standards of common propriety. This offence is not designed for the special protection of those who are easily shocked.
The maximum penalty is a fine of $250.
Indecent behaviour
Under s 23(1) of the Summary Offences Act 1953 (SA), it is an offence to behave in an indecent manner:
The maximum penalty is a fine of $1,250 or imprisonment for 3 months.
This might include, for example, indecently exposing oneself in a public place. However, it is not an offence to be naked in an area, or in waters adjacent to an area, reserved for nude bathing [Summary Offences Act 1953 s 23A].
Gross indecency
It is also an offence, under s 23(2), to willfully perform a grossly indecent act:
The maximum penalty is a fine of $2,500 or imprisonment for 6 months.
For offences of gross indecency in the presence of a person aged under the age of 16 years, see Sexual Offences.
It is a criminal offence to film:
in circumstances in which a reasonable person would have an expectation of privacy [Summary Offences Act 1953 (SA) ss 26A(1), 26D(1)]. This is known as indecent filming.
It is a defence to a charge of indecent filming if:
Consent will not be effective if given by a person under the age of 17 or with a cognitive impairment, or if obtained from a person by duress or deception [s 26E(1)].
It is also an offence to distribute images obtained by indecent filming [s 26D(3)].
It is a defence if one or more of the following can be proved:
The maximum penalty for indecent filming or distributing an image obtained by indecent filming is a fine of $10,000 or imprisonment for 2 years. Those penalties double if the person filmed was under the age of 17.
See also Distribution of invasive images (image-based abuse) and Humiliating or degrading filming.
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Legal Services acknowledges Aboriginal people as the Traditional Owners and ongoing occupants of the lands and waters in South Australia and we respect their spiritual, cultural and heritage beliefs. We recognise their continuing connection to land, water and community and pay our deep respect to Elders past and present.
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