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11. Offences against public deceny and morals
 
  Article 85-Offences of public indecency  
85.1 Public indecency  
  Public indecency is when a person or persons are found in a public place to be using such offensive actions as repeated obscene and foul language, loud screams, yells and other offensive sounds, spitting, urinating, defacating, mock violence, drug and/or alcohol consumption as a deliberate attempt to intimidate and offend other people present in the same location.  
 
 Primary Fact(s)
 1. That the location of the alleged offence was a public or commercial space;
 2. That one or more victims were indecently exposed to offensive behaviour;
 3. That the actions of the accused contributed to the indecent behaviour against the victim(s);
 4. That the actions of the accused were done with the intent to cause offence and/or intimidation;
 
 
 Penalty Conditions (Level 1-Crime)
Type
 Condition(s)
1-3
 a) An indecent act by a person under the age of 14 years, against a general member of the public;
4-6
 a) An indecent act by a person over the age of 14 years, against a general member of the public;
 
 
 Penalty Conditions (Level 2-Crime)
Type
 Condition(s)
1-3
 a) An indecent act by a person under the age of 14 years, against any elected official, law enforcement officer or religious leader;
b) Involving the begging for money on the street and under the age of 14 years;
c) An indecent act by a person under the age of 14 years, against a general member of the public involving the threat of violence and/or intimidation;
4-6
 a) An indecent act by a person over the age of 14 years, against any elected official, law enforcement officer or religious leader;
b) Involving the begging for money on the street and over the age of 14 years;
c) An indecent act by a person over the age of 14 years, against a general member of the public involving the threat of violence and/or intimidation;
 
 
 Penalty Conditions (Level 3-Crime)
Type
 Condition(s)
1-3
 a) An indecent act by a person under the age of 14 years, against any elected official, law enforcement officer or religious leader involving the threat of violence and/or intimidation;
b) Involving the begging for money with threat or actual violence and under the age of 14 years;
4-6
 a) An indecent act by a person over the age of 14 years, against any elected official, law enforcement officer or religious leader involving the threat of violence and/or intimidation;
b) Involving the begging for money with threat or actual violence and over the age of 14 years;
 
     
 
 

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