criminal-law england-and-wales common-law statutes sexual-offences
Is discussing sexually explicit content in public a crime?
<p>I am curious as to whether there is any prohibition, in <strong>England &amp; Wales</strong>, on discussing sexual content in public. The public location could include a street outside, or perhaps an office environment.</p>
<p>This could be two mature partners discussing sexual acts mutually and consensually in public, whilst there are others in close proximity and able to hear the full conversation.</p>
<p>This perhaps could be a <strong>Public Order Offence</strong>, if somebody was alarmed or distressed? I was hoping someone could clarify which Section of which Act this falls under?</p>

<p>At common law there is an offence of outraging public decency. According to the Law Commission's report <a href="https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/438194/50076_Law_Commission_HC_213_bookmark.pdf" rel="nofollow noreferrer"><em>Simplification of Criminal Law: Public Nuisance and Outraging Public Decency</em></a>:</p>
<blockquote>
<p>The offence can consist of any act or display fulfilling the following conditions:</p>
<p>(1) it must be lewd, obscene or disgusting to such an extent as to outrage minimum standards of public decency as judged by the jury (or other
tribunal of fact) in contemporary society;<sup>6</sup></p>
<p>(2) it must occur in a place which is accessible to or within view of the
public;<sup>7</sup> and</p>
<p>(3) two or more persons must be present during the act or display, whether or not they are aware of the act or display or are outraged by it.</p>
</blockquote>
<p>I don't think <a href="https://www.legislation.gov.uk/ukpga/1986/64/section/5" rel="nofollow noreferrer">s5 Public Order Act 1986</a> (as amended) could be used as the words or behaviour must be threatening or abusive.</p>
