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Sexual Offences Act 2003

This act has completely overhauled the law as it relates to all aspects of sexual behaviour.

The SOA created a new offence of "Exposure" which replaces several archaic "Indecent Exposure" offences:

Section 66 - Exposure
(1) A person commits an offence if-
  • (a) he intentionally exposes his genitals, and
  • (b) he intends that someone will see them and be caused alarm or distress.
(2) A person guilty of an offence under this section is liable-
  • (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
  • (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years.

In this case, "he" can mean either a man or a woman - the offence is "gender neutral".

The SOA requires that cautions and convictions for Exposure result in Sex Offender registration where:

  • a) the victim is under 18 and the offender is over 18 or
  • b) the sentence is imprisonment or hospital detention or
  • c) the sentence is community service of at least a year or
  • e) the offender was under 18 and the sentence is over a year of prison.

A conviction for Exposure is possible even in cases where there is no actual victim and where no-one was caused "alarm or distress".

Given the implications of Sex Offender registration and disclosures as a result of pre-employment Criminal Record Bureau checks it is essential that a caution for "Exposure" should only be accepted after receiving proper legal advice.

However, the legal concensus is that Section 66 of the SOA does not criminalise nude sunbathing where there is no sexual activity and that it cannot be used against genuine naturists. There is now some case law to support this opinion.

The Sexual Offences Act 2003 - Background Information

Please Note:
The information given on this page is intended only as a general guide to the the legal position . It was not written by a legally-qualified individual.
It should not be relied upon as a definitive guide to the law , and is only applicable to England and Wales. The law in Scotland and Northern Ireland may be different.
Neither the author nor the publishers of this FactFile can be held responsible should naturism or nudity cause you to be arrested and / or prosecuted for any offence.