What is an Indecent Act?

An indecent act is one which right-minded persons would consider to be contrary to community standards of decency. Some examples of Acts of Indecency may include:

  • Exposing yourself in front of a child or in public; or
  • Sexting a naked photo of yourself to another person; or
  • Pretending to perform a sexual act on another person.

The Law

Section 61N Crimes Act 1900 (NSW) states:

  1. Any person who commits an act of indecency towards a person under the age of 16 years, or incites a person under that age to an act of indecency is liable to imprisonment for 2 years.
  2. Any person who commits an act of indecency with or towards a person of the age of 16 years or above, or incites a person of the age of 16 years or above to an act of indecency with or towards that or another person, is liable to imprisonment for 18 months.

Jurisdiction / Case Law

An offence of Acts of Indecency is what is known as a Table 2 offence, which means it is to be dealt with in the Local Court unless an election is made, in which case it is to be dealt with on indictment by the Director of Public Prosecutions (DPP).

What must the prosecution prove?

Since Acts of Indecency is a criminal offence, the burden of proof lies on the Prosecution.

The prosecution must prove the Accused’s guilt beyond reasonable doubt. That is a high standard of proof that the prosecution must achieve before someone can be convicted.

To establish an Indecent Act against a person under 16 years of age, the prosecution must prove each of the following matters beyond reasonable doubt:

  • That you did an act which was indecent or that you incited another person to do the act;
  • That the act was done towards another person; and
  • That the person was under 16 years of age.

To convict you of the offence of Acts of Indecency against a person over 16 years of age, the prosecution must prove each of the following matters beyond reasonable doubt:

  • That you did an act which was indecent or that you incited another person to do the act;
  • That the act was done towards another person;
  • That the person did not consent; and
  • That the person was over 16 years of age.

If you are charged with the offence of Acts of Indecency, what are your options?

National Criminal Lawyers (NCL) have been successful in defending many Acts of Indecency charges where the prosecution could not establish each of the elements to the required threshold of beyond reasonable doubt. We have also achieved several non-convictions for these charges for those who are found guilty or plead guilty.

It is for that reason that National Criminal Lawyers are the preferred specialist criminal solicitors in Sydney.

Our Senior Criminal Defence Lawyers, headed by Michael Moussa, one of Sydney’s Best Criminal Lawyers, will ensure that your case is closely examined to achieve the best of results.

NCL offer the following options for those who have been charged with an Indecent Act:

  1. We will negotiate with prosecutors (police or DPP) (a term referred to as “plea negotiations”) to request that the charge is withdrawn, downgraded or fact sheets amended;
  2. NCL will Plead Not Guilty and go to hearing/trial and persuade the Court that the prosecution has not proven its case beyond reasonable doubt;
  3. Plead guilty to the elements of the charge and then dispute the facts (at a special “disputed facts” hearing) with the view of having you sentenced less harshly; and/or
  4. Plead guilty with full acceptance of the facts as set out by the police and make strong submissions on your behalf requesting that the Court not record a criminal conviction.

Please contact us now for more information about your options.

Why National Criminal Lawyers?

There are three reasons to choose National Criminal Lawyers:

1. Your best chance to get the result you’re after

We are the experts in either beating or having criminal charges withdrawn and/or obtaining the least restrictive penalty available.

This is because no matter which option you choose within our tailored Options at Law you will be dealing with experienced criminal lawyers who can ensure the evidence is not only obtained properly, but also that your case is prepared and presented to the highest best practice standards possible.

This is also done without breaking your pocket.

2. How a Senior Defence Lawyer can HELP YOU deal with criminal charges

No matter which option at law you choose, National Criminal Lawyers can guarantee that a Senior Defence Lawyer will represent you. This means that with our over 25 years of Combined criminal law experience, you will get the best result possible.

3. National Criminal Lawyers are the best defenders of your rights

At National Criminal Lawyers we know that Criminal Law is a matter of Human Rights.

For this reason, we take pride and passion in representing our clients. This pride and passion to assist those charged with an alleged or actual breach of the criminal law is to us a matter of righteous necessity and in that sense, you can always rest assured that National Criminal Lawyers are the best defenders of your rights.

This is true not only when the police have just simply got it wrong, OR if they have got it right, then we can speak with you and make sure you get the best result available.