privacy sexual-offences
Is a person masturbating in a public bathroom/office bathroom committting an offense?
<p>I was always led to believe that public masturbation only covers places where there isn't an expectation of privacy that people work and hang around (i.e. parks, supermarkets, hospital) so it would be illegal for a person to engage in sexual activity here.</p>
<p>But what if an employee at a store or office masturbates in the public bathrooms and someone comes in, would that be considered public indecency? Would it make a difference if they left bodily fluids on the toilet/floor?</p>

<p><a href="/questions/tagged/new-south-wales" class="post-tag" title="show questions tagged &#39;new-south-wales&#39;" rel="tag">new-south-wales</a></p>
<p>It’s possible that this could amount to Offensive Conduct within the meaning of <a href="https://legislation.nsw.gov.au/view/html/inforce/current/act-1988-025#sec.4" rel="nofollow noreferrer">s4</a> of the <em>Summary Offences Act</em> 1988.</p>
<blockquote>
<p>A person must not conduct himself or herself in an offensive manner in or near, or within view or hearing from, a public place or a school.</p>
</blockquote>
<p>A bathroom that is open to the public would qualify such as one at a park or a shopping centre. It’s not clear that a bathroom solely for the use of employees is a “public place”.</p>

<ul>
<li><strong>What if an employee at a store or office masturbates in the public bathrooms?</strong></li>
</ul>
<p><strong><a href="/questions/tagged/england-and-wales" class="post-tag" title="show questions tagged &#39;england-and-wales&#39;" rel="tag">england-and-wales</a></strong></p>
<p>Sexual activity in a public lavatory is an offence contrary to <a href="https://www.legislation.gov.uk/ukpga/2003/42/section/71?timeline=false" rel="nofollow noreferrer">s.71 of the Sexual Offences Act 2003</a>:</p>
<blockquote>
<p>(1) A person commits an offence if -</p>
<p>(a) he is 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,</p>
<p>(b) he intentionally engages in an activity, and,</p>
<p>(c) the activity is <a href="https://www.legislation.gov.uk/ukpga/2003/42/section/78?timeline=false" rel="nofollow noreferrer">sexual</a>.</p>
<p>(2) For the purposes of this section, an activity is sexual if a reasonable person would, in all the circumstances but regardless of any person’s purpose, consider it to be sexual.</p>
<p>(3) A person guilty of an offence under this section is liable on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale or both.</p>
</blockquote>
<ul>
<li><strong>Would it make a difference if they left bodily fluids on the toilet/floor?</strong></li>
</ul>
<p>No. There is no requirement to produce bodily fluids for this offence to be committed.</p>
<ul>
<li><strong>Would that be considered public indecency?</strong></li>
</ul>
<p>No, unless there is an intent to cause &quot;alarm or distress&quot; as required by <a href="https://www.legislation.gov.uk/ukpga/2003/42/section/66?timeline=false" rel="nofollow noreferrer">s.66 of the 2003 Act</a>:</p>
<blockquote>
<p>(1) A person commits an offence if—</p>
<p>(a) he intentionally exposes his genitals, and</p>
<p>(b) he intends that someone will see them and be caused alarm or distress.</p>
</blockquote>
