Sexual Offences Act 2003, section 66

Exposure

Part 1 Sexual Offences

[[F136,F137 (1)A person (A) who intentionally exposes A’s genitals commits an offence if—

(a)A intends that someone will see the genitals and be caused alarm, distress or humiliation, or

(b)A exposes the genitals for the purpose of obtaining sexual gratification and does so—

(i)with the intention that someone will see them, and

(ii)being reckless as to whether someone who sees them will be caused alarm, distress or humiliation.

(1A)But where A intends only that a particular person, or particular persons, will see A’s genitals, A does not commit an offence by virtue of paragraph (b) of subsection (1) unless A is reckless as to whether that person, or at least one of those persons, will be caused alarm, distress or humiliation.F137]

(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.F136]

Cases considering section 66 7

Rakib, R v

[2011] EWCA Crim 870 · 1 April 2011

The court applied the requirement of intentional exposure of genitals with the requisite intent. It held that the evidence and directions permitted the jury to be sure that those elements were proved on both counts (see paras [9]; [17]; [21]-[23]).

Hawkins, R v

[2007] EWCA Crim 2221 · 15 August 2007

The court applied section 66(1) in identifying exposure as a specified sexual offence carrying a maximum custodial sentence of two years. That maximum rendered the six-year extended sentence unlawful when read with section 2 of the Criminal Justice Act. (see para [1])

Metroline Travel Ltd v Lim

[2013] UKEAT 0317_13_0711 · 7 November 2013Interprets

The EAT held that exposure alone does not breach the provision. The necessary intent is also required, so the employer lacked reasonable grounds for the indecent-exposure allegation. (see para [12])

What each judgment says about section 66 is in the case-law panel in the full Act.

Explanatory note

126.Section 66 makes it an offence for a person intentionally to expose his genitals where he intends that someone will see them and be caused alarm or distress. It is not necessary for A’s genitals to have been seen by anyone or for anyone to have been alarmed or distressed. For example, if a person exposes his genitals to some passers-by, he may (depending on his state of mind) commit the offence regardless of whether they actually see his genitals or whether they have been alarmed or distressed by seeing them.

All the explanatory notes for the Act

Amendments and notes

2 notes from legislation.gov.uk

Amendments

  1. F136Ss. 66-72 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(e), Sch. 3 (with Sch. 2 para. 1) S.R. 2008/510, art. 2
  2. F137S. 66(1)(1A) substituted for s. 66(1) (29.9.2026) by Crime and Policing Act 2026 (c. 20), ss. 113, 255(1); S.I. 2026/960, reg. 3(a)