Public nuisance
The public nuisance is in Germany to § 183a of the Criminal Code , a criminal offense . According to this provision , anyone who publicly engages in sexual acts and thereby deliberately or knowingly causes a nuisance is punished with imprisonment for up to one year or with a fine if the act is not punishable in Section 183 of the Criminal Code ( exhibitionistic acts ).
Definition problem
Since the law does not provide a clear definition of a " sexual act ", there are repeated discussions about the exact interpretation ( indefinite legal term ).
In the case of public nudity , however, it can at best be assumed that there will be a “ nuisance to the general public ”. This is only an administrative offense ( § 118 OWiG ), i.e. not a criminal offense. In practice, cases of public nudity are usually dealt with with a dismissal ; prosecution as an administrative offense usually does not take place.
But because excitement of public nuisance is an indefinite legal term, it is no longer just isolated cases of mere public nudity that end up in court as arousing public nuisance. Often times, the courts are unaware that the charge of causing public nuisance requires a "significant sexual act". Often it is enough for the court that the accused, who was walking more or less naked through the streets and was seen by passers-by involuntarily confronted with nudity, caused an annoyance to the witnesses. Then public nudity is perceived and condemned as a sexual offense according to § 183a StGB. It is noticeable that the courts have never perceived public nudity by women as arousing public nuisance, but public nudity by men often.
This explains why, for example, in the case year 2018 in Germany, of the 240 total convictions nationwide under Section 183a StGB, 226 convictions were pronounced against men, but only 14 convictions against women. All 14 convictions against women from the fall year 2018 are likely to be based on significant public sexual acts, all 226 convictions against men not. (Source: FragDenStaat § 183a StGB).
The current court practice could thus contradict the spirit of gender neutrality of Section 183a of the Criminal Code. Also, public nudity should not be prosecuted at all because public nudity is not prohibited.
Other countries
Austria
In Austria, public sexual acts according to § 218 StGB as well as sexual harassment are threatened with up to six months imprisonment.
Switzerland
In Switzerland, too, public sexual acts are equated with physical sexual harassment. According to Art. 198 of the Swiss Criminal Code, they are punishable by a fine.
United States
In the United States , regulations vary from state to state.
A large number of different behaviors that violate public safety or order are sanctioned as disorderly conduct .
Exhibitionism and uncovered male genitals are considered public indecency, as is the bare female breast in some states. However, in most states, breastfeeding in public is explicitly allowed.
In the US media, the question was discussed whether urinating in public is also part of public indecency and whether repeat offenders should comply with the strictest laws against sex offenders. Urinating in public is a criminal offense in all US states, be it under special laws or as a disorderly conduct .
"Codex Iuris Canonici" (Catholic Church)
The Codex Iuris Canonici from 1983 contains the regulation that “causing public nuisance” can be a reason for exclusion from granting a church burial.
Individual evidence
- ↑ Art. 198 StGB.
- ↑ Lawmakers: Public urination shouldn't lead to sex offender status of January 31, 2008 ( Memento of the original of March 8, 2010 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , accessed September 12, 2010.
- ↑ Janet Portman: Public Urination Laws and Penalties
- ↑ Can. 1184 § 1 n.3.
