Sexual exhibition
The sexual exhibition is the execution in public or in a place accessible to the sight of all, sex acts on oneself or the person of others, and likely of outrager the Pudeur of others. The execution of sex acts includes/understands:
- active execution: Masturbation, Sexual relation
- passive execution: exhibition of part of the body with sexual character if it is voluntary.
Moreover, the public element must be required; the simple fact of even practicing an sex act while letting foresee the action perhaps qualified of sexual exhibition. On the contrary, if the action proceeds within a closed framework, a spectator which is introduced into the part cannot claim to be victim of exhibitionnism.
Sexual exhibition within the framework of the French criminal law
The Ministre for French Justice analyzed the precise direction of the term in the Official journal in answer to a question put by a deputy.“It Minister of Justice, Minister for justice, with the honor to make known with the Honourable Member whom the offense of sexual exhibition is provided and repressed by article 222-32 of the penal code come into effect on March 1st, 1994, which replaced old article 330 relating to the public insult with decency. It is appropriate in this respect specifying that the new incrimination is more restrictive than for the offense of public insult to decency, since it requires that the act be imposed on the sight of others on the one hand and is made in a place accessible taking into consideration public on the other hand.
- Indeed, to characterize the infringement, it must be shown” at least one of the two following reasons:
- “the continued person had the deliberate intention cause public decency”,
- “its negligence did not make it possible to dissimulate with the sight of the thirds the obscene act.
- The accused act must indeed constitute a gesture or an attitude moved in comparison with public decency”
According to Article 222-32 of the penal code, the sexual exhibition imposed on the sight of others in a place accessible to the glances from the public is punished one year of imprisonment and 15000 euros fine.
The law condemns and represses thus motivations and not a simple state of Nudité. The acts can be
- a Provocation deliberated or an obscene act not dissimulated.
- a gesture or an attitude moved in comparison with public decency.
- an imposition of the sexual exhibition.
It is well specified that it is of an accused act and not about a state, which must thus be shown as justified.