The Victorian government is about to update and tighten their public indecency laws with a wide-ranging amendment act.
The Crimes Amendment (Sexual Offences) Act 2016 reforms "more than 50 offences", according to the Daniel Andrews government, such as updating older laws to include internet and online behaviour.
Oh, and it also expressly, explicitly outlaws mooning and streaking.
The amendment act will insert a clause into section 17 of the Summary Offences Act 1966, which covers "obscene, indecent, threatening language and behaviour etc. in public". Soon, the Summary Offences Act will state that "behaviour that is indecent offensive or insulting includes behaviour that involves a person exposing (to any extent) the person's anal or genital region."
The legislation also helpfully and specifically cites "mooning or streaking" as an example of such an offence. You can check out the legislation yourself here.
The act outlines that such behaviour can be punished with a $1550 fine or a two-month jail term, up to $3875 or six months for a third offence.
(As an aside, the act also outlaws the singing of "an obscene song or ballad" and behaving in a "riotous indecent offensive or insulting manner").
A spokeswoman for the Attorney-General, Martin Pakula, told The Huffington Post Australia that mooning and streaking had always been illegal under Victorian law, but that the amendment sought to specifically separate that type of more harmless prank from acts of sexual exposure, such as flashing.
"The conduct of mooning or streaking is already an offence under section 17 of the Summary Offences Act 1966, where it is indecent or offensive and in a public place. The recent amendments (which have not yet commenced) simply give examples indicating that mooning or streaking in a public place can be indecent or offensive," she said.
"These amendments contrast with those to the offence of 'indecent exposure' in section 19 of the Summary Offences Act , which will be replaced by a new offence of 'sexual exposure'. This means that the Summary Offences Act will more clearly differentiate between 'sexual' exposure, such as flashing (section 19), and 'offensive or indecent' exposure - such as mooning on a public bus, or streaking at a sporting event (section 17)."
Of course, the Crimes Amendment (Sexual Offences) Act 2016 goes further than just targeting footy clubs on Mad Monday celebrations, schoolboys on long bus rides and uni students on drunken nights out. As we reported back in June, the legislation also includes offences through the mediums of Skype or Snapchat.
"The proposed laws will address offences that have failed to keep up to date with changes in technology and subsequent new ways of offending -- including new offences that will apply regardless of whether the offence occurs in person or using the internet," Attorney-General Martin Pakula said in June, upon unveiling the laws.
"Under existing laws, the offence of committing an indecent act in the presence of a child only applies if the child is physically present with the accused. New legislation will include offences that apply to a person using digital technology, such as Skype or Snapchat."
The attorney-general's spokeswoman said the laws were not in place just yet, but would soon commence.Suggest a correction