Section 4 Summary Offences Act – Offensive Conduct


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The Legislation

Section 4 of the Summary Offences Act 1998 (NSW) is the criminal offence of Offensive Conduct and is stated below.

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4 Offensive conduct

(1) A person must not conduct himself or herself in an offensive manner in or near, or within view or hearing from, a public place or a school. Maximum penalty: 6 penalty units or imprisonment for 3 months.

(2) A person does not conduct himself or herself in an offensive manner as referred to in subsection (1) merely by using offensive language.

(3) It is a sufficient defence to a prosecution for an offence under this section if the defendant satisfies the court that the defendant had a reasonable excuse for conducting himself or herself in the manner alleged in the information for the offence.