The free library147 of 195 Sexual offences

Sexual activity in a public lavatory

s.71Sexual Offences Act 2003

Intentionally engaging in sexual activity while in a lavatory that the public, or a section of the public, can use.

Sexual activity in a public lavatory · Sexual Offences Act 2003, s.71Card 147 / 195

Points to prove

Was in a lavatory to which the public or a section of the public has, or is permitted to have, access (whether on payment or otherwise)
Intentionally engaged in an activity
The activity was sexual

Key definitions

Lavatory – s.71(1)(a): one the public or a section of the public may use, with or without payment. This includes toilets in shops, pubs, stations and similar premises open to customers.
Sexual – s.71(2): an activity a reasonable person would, in all the circumstances but regardless of any person’s purpose, consider to be sexual. This is narrower than the general test in s.78, because purpose is ignored.
Intentionally – the defendant must deliberately engage in the activity.

Good to know

The offence can be committed alone or with others, and consent is irrelevant. It is aimed at public lavatories being used for sexual activity.
No one else needs to see the activity or be offended by it.
As a summary-only offence, proceedings must start within 6 months of the offence (Magistrates’ Courts Act 1980, s.127).
Where the activity is seen, or could be seen, by two or more members of the public, consider outraging public decency. Deliberate exposure of the genitals may be exposure (s.66).

Legislation: Sexual Offences Act 2003, s.71 (opens legislation.gov.uk in a new tab)
Mode of trial: Summary only
Maximum penalty: 6 months' imprisonment and/or an unlimited fine (level 5)
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Sexual activity in a public lavatory: questions people ask

What are the points to prove for sexual activity in a public lavatory?

1. Was in a lavatory to which the public or a section of the public has, or is permitted to have, access (whether on payment or otherwise) 2. Intentionally engaged in an activity 3. The activity was sexual

What is the maximum sentence for sexual activity in a public lavatory?

6 months' imprisonment and/or an unlimited fine (level 5)

Is sexual activity in a public lavatory a summary, either-way or indictable offence?

Sexual activity in a public lavatory is a summary-only offence: it is tried in the magistrates’ court.

What Act and section is sexual activity in a public lavatory?

Sexual activity in a public lavatory is an offence under the Sexual Offences Act 2003, s.71.

More sexual offences

All sexual offences