Is Public Sex Illegal in Australia?

Sex in public – an activity many have on their bucket list and hope to one day cross off (most won’t).

Why so many people have this act on their list is beyond the scope of this article. But most will argue it simply adds a sense of risk to the occasion – everything’s more exciting if there’s a chance of being caught.

Today, though, we’re just going to answer one question – if you’re caught getting it on in public, is there a punishment, and how bad is it? Here’s the answer:

It varies.

Similar to many other obscure laws, most states have their own rules for the special occasion.

There you have it – even though most Australian states don’t directly state the act of having public sex is a criminal offence, most cover it under sections such as obscene and indecent exposure.

So close your curtains folks.

Caught Having Sex in Public

You can only be charged if you are willfully acting in an obscene manner.
For example if you’re mate, for some reason, pulls your pants down in public and the coppers saw your person, you can’t be charged. Unless you kept it out and jiggled it around.
Why the term person? Because it’s more court-friendly than saying “he had his penis out”. NSW, ACT, and the NT use the term person, whilst most of the others refer to our privates as the genital area.
So, now you know – in just about every Australia state, public sex is illegal and you can be charged under a variety of criminal offences.

Lesson: keep your person out of the public’s eyes until you’re in a private place. That is, don’t get caught having sex in public otherwise you could face jail time.