WILFUL EXPOSURE

In Queensland, wilful exposure under section 9 of the Summary Offences Act 2005 (Qld) refers to deliberately exposing your genitals in or near a public place where you can be seen, without a lawful excuse. For example, this could include exposing yourself in a park, on public transport, or from a private property that is visible to the public. The law is aimed at protecting public decency and shielding children and others from offensive or inappropriate conduct.

Under section 9 of the Summary Offences Act 2005 (Qld), wilful exposure can attract penalties ranging from a fine to imprisonment. While the basic offence is usually dealt with by a fine, the law is far more serious if the conduct is directed at, or occurs in the presence of, a child under 16 — with penalties of up to 1 year in prison.

Even though wilful exposure may sound like a minor offence, the consequences can be severe, especially if a child is involved. A conviction can damage your reputation, employment, and future opportunities. Getting legal advice early is the best way to protect your rights and minimise the risk of harsh penalties.

To secure a conviction for wilful exposure under section 9 of the Summary Offences Act 2005 (Qld), the prosecution must prove beyond reasonable doubt that:

- You were in a public place, or in a location near a public place where you could be seen from it;

- You wilfully exposed your genitals; and

- You did so without a reasonable excuse.

If the allegation involves a child under 16, the prosecution must also prove that the exposure was directed at, or occurred in the presence of, the child.

Even though wilful exposure is often treated as a “minor” offence, the prosecution still carries the burden of proving every element beyond reasonable doubt. A strong defence can challenge whether the exposure was intentional, whether it was visible from a public place, or whether a reasonable excuse applies. Getting legal advice early gives you the best chance to protect your record and your future.

If you have been charged with wilful exposure under the Summary Offences Act 2005 (Qld), there are several defences that may apply:

- Reasonable excuse – the law allows for a defence if you had a legitimate reason for the exposure such as  a genuine medical emergency.

- Not wilful – the prosecution must prove the act was deliberate. If the exposure was accidental, such as a wardrobe malfunction, the offence is not made out.

- Not in a public place – the offence only applies if the exposure occurred in a public place, or somewhere visible from a public place. If the incident happened entirely in private, this may be a defence.

- Factual dispute or mistaken identity –  it may be argued that the alleged conduct did not occur, or that the accused was not the person involved.

While wilful exposure may seem like a minor charge, a conviction can still result in fines, imprisonment in aggravated cases, and a criminal record. Early legal advice is essential to determine whether a defence applies and to minimise the impact on your future.

Beyond the immediate penalty, a conviction can also result in:

- A criminal record – which may affect employment, travel, and future opportunities.

- Reputation damage – even a “minor” conviction can carry social stigma.

- Court‑ordered conditions – such as community‑based orders or probation in some cases.

Even though wilful exposure is often seen as a lower‑level offence, a conviction can still have lasting personal and professional consequences. Early legal advice is essential to protect your record and minimise the impact on your future.

If you have been charged with wilful exposure, it’s important to understand your options and the potential impact of a conviction. At Coral Coast Law, we provide straightforward advice and practical representation. We will:

- Explain the charge and the possible outcomes in plain language.

- Assess whether a defence such as reasonable excuse or lack of intent may apply.

- Review the evidence and identify any potential weaknesses in the prosecution’s case.

- Represent you in court and work towards the best possible result, whether that means seeking to have the charge withdrawn, reduced, or minimising the penalty.

 Coral Coast Law offers clear guidance and strong representation to help you deal with wilful exposure charges and move forward with confidence.