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Outraging public decency

Common law

Doing an act of a lewd, obscene or disgusting nature in public, where at least two people could see it, which outrages minimum standards of public decency.

Outraging public decency · Common lawCard 143 / 195

Points to prove

Did an act
Of a lewd, obscene or disgusting nature
Which outraged minimum standards of public decency, as judged by the jury or magistrates applying contemporary standards
In public, where at least two members of the public were present and capable of seeing it
The defendant intended to do the act

Key definitions

Outrage – more than shocking or disgusting reasonable people. It must go considerably beyond that (Knuller v DPP 1973, House of Lords).
Two-person rule – at least two people must be present who could have seen the act. One witness is not enough (Rose v DPP 2006).
Need not actually see – the two people do not have to see the act or be outraged. In R v Hamilton 2007, secretly filming up women’s skirts in a supermarket was outraging public decency, though no one saw the filming.
Mental element – the prosecution need not prove that the defendant intended, or was reckless about, outraging public decency (R v Gibson 1990). Doing the act deliberately is enough.

Good to know

Triable either way under Magistrates’ Courts Act 1980, Sch. 1, para. 1A.
Prosecutors generally use it only where a statutory offence does not fit, such as when the mental element for exposure (s.66) cannot be proved, or where the conduct merits a higher penalty than the statutory offence allows.
Related statutory offences: exposure (s.66), sexual activity in a public lavatory (s.71) and voyeurism, including upskirting (ss.67 and 67A).

Legislation: Common law (opens legislation.gov.uk in a new tab)
Mode of trial: Either way
Maximum penalty: No statutory maximum on indictment (imprisonment and/or a fine at the court's discretion); 12 months' imprisonment and/or a fine (summary)
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Outraging public decency: questions people ask

What are the points to prove for outraging public decency?

1. Did an act 2. Of a lewd, obscene or disgusting nature 3. Which outraged minimum standards of public decency, as judged by the jury or magistrates applying contemporary standards 4. In public, where at least two members of the public were present and capable of seeing it 5. The defendant intended to do the act

What is the maximum sentence for outraging public decency?

No statutory maximum on indictment (imprisonment and/or a fine at the court's discretion); 12 months' imprisonment and/or a fine (summary)

Is outraging public decency a summary, either-way or indictable offence?

Outraging public decency is an either-way offence: it can be tried in the magistrates’ court or the Crown Court.

Is outraging public decency a statutory offence?

No. Outraging public decency is an offence at common law, defined by the courts rather than an Act of Parliament.

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