Indecent in United Kingdom

Meaning of Indecent

The following is an old definition of Indecent [1]: Whatever shocks the sense of decency in people generally. At common la-w, indictable as a misdemeanor. Examples; Exposure of the person in public, exhibiting pictures of nude persons. What are acts of indecency is generally to be decided by a jury. Indecent assault; indecent exposure; indecent prints or publications. These offenses (largely self -defining) are punishable, in England, under statute 24 & 25 Vict. (1861) c. 100, s. 52; in the United States, by statute in each State; in Pennsylvania, by the Crimes Act of March 31, 1860, § 44. In Rev. St. § 3893, which forbids mailing indecent matter, “indecent” means immodest, impure, not simply coarse, nor even profane. But a sealed letter is not within the prohibition. Public indecency. Has no fixed legal meaning; is too vague to imply, of itself, a definite offense. The courts, by a kind of judicial legislation, have usually limited the operation of the expression to public displays of the naked person, the publication, sale, or exhibition of obscene books and prints, or the exhibition of a monster, – acts which have a direct bearing on the public morals, and afi’ect the body of society. The place is ” public ” if the exposure is such that it is likely to be seen by a number of casual observers. Where the bodily injury from an indecent assault is trifling, the gravamen of an action for damages must be the mental suffering. In such case evidence is always admissible to show that the plaintiff was a woman of imchaste character. In an action for defamation, words which in their common acceptation charge the crime of public indecency are actionable per se. See Lewd; Morals; Obscene.

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Notes and References

1. Concept of Indecent provided by the Anderson Dictionary of Law (1889) (Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims and an Exposition of the Principles of Law: Comprising a Dictionary and Compendium of American and English Jurisprudence; William C. Anderson; T. H. Flood and Company, Law Publishers, Chicago, United States)