Victorian Current Acts

CRIMES ACT 1958 - SECT 195K

    (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

        (c)     the offender knows that, or is reckless as to whether—

              (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.

    (2)     A person who commits an offence against subsection (1) is liable to level 6 imprisonment (5 years maximum).

    (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

        (c)     in making or publishing a fair and accurate report of any event or matter of public interest.

    (6)     In this section—

"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.