Sexual offences
Exposure
Sexual Offences Act 2003, s.66
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Either way
- Maximum penalty
- 2 years’ custody
Actus reus
- Intentionally exposes A’s genitals (SOA 2003, s.66(1), as substituted).
Mens rea
- Either: intends that someone will see the genitals and be caused alarm, distress or humiliation (s.66(1)(a)); or exposes them for sexual gratification, intending that someone will see them and being reckless as to alarm, distress or humiliation (s.66(1)(b)).
- If A intends only a particular person will see them, the gratification limb needs recklessness as to that person (s.66(1A)).
Defences
No intentional exposure of genitals · No intent that anyone would see them · Neither the alarm/distress/humiliation intent nor the gratification-plus-recklessness limb
Sentencing Council
Sentencing Council guideline effective 01 April 2014. Offence range: Fine – 1 year’s custody.
At the police station
s.66 was rewritten by the Online Safety Act 2023 (in force 31 January 2024). Read the current section — older “intent that someone will see them” wording is not enough on its own.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested. For this allegation we would normally want a solicitor involved early.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.
- Statute:Sexual Offences Act 2003, s.66 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Rape and sexual offences (full guidance) ↗