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Crimes Act 1961

Crimes against morality and decency, sexual crimes, and crimes against public welfare - Crimes against morality and decency

124: Distribution or exhibition of indecent matter

You could also call this:

“You can get in trouble for showing or giving out yucky things to people without a good reason.”

You can be sent to prison for up to 2 years if you do any of these things without a good reason:

Sell or show people indecent objects or models.

Display indecent objects or put on indecent shows where the public can see them.

Put on indecent shows for someone if you’re getting paid or hoping to gain something.

If you’re accused of doing these things, you can defend yourself by proving that what you did was good for the public. The judge will decide if your actions could have been good for the public, but it’s up to the jury to decide if they actually were.

It’s not a good excuse to say you didn’t know the object or show was indecent. You also need to show that you had no way of knowing and that it’s understandable why you didn’t know.

If someone wants to take you to court for this, they need to get permission from the Attorney-General first. This law doesn’t apply to things covered by the Films, Videos, and Publications Classification Act 1993, whether they’re considered objectionable or not.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM329038.

Topics:
Crime and justice > Criminal law
Rights and equality > Privacy
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“It used to be against the law to say mean things about God or religion, but this rule was removed in 2019.”

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124A: Indecent communication with young person under 16, or

“It's against the law for adults to share rude or naughty things with kids under 16.”

Part 7 Crimes against morality and decency, sexual crimes, and crimes against public welfare
Crimes against morality and decency

124Distribution or exhibition of indecent matter

  1. Every one is liable to imprisonment for a term not exceeding 2 years who, without lawful justification or excuse,—

  2. sells, exposes for sale, or otherwise distributes to the public any indecent model or object; or
    1. exhibits or presents in or within view of any place to which the public have or are permitted to have access any indecent object or indecent show or performance; or
      1. exhibits or presents in the presence of any person in consideration or expectation of any payment or otherwise for gain, any indecent show or performance.

        1. It is a defence to a charge under this section to prove that the public good was served by the acts alleged to have been done.

        2. It is a question of law whether the sale, exposure for sale, distribution, exhibition, or presentation might in the circumstances serve the public good, and whether there is evidence of excess beyond what the public good requires; but it is a question of fact whether or not the acts complained of did so serve the public good and whether or not there was such excess.

        3. It is no defence that the person charged did not know that the model, object, show, or performance to which the charge relates was indecent, unless that person also satisfies the court—

        4. that he or she had no reasonable opportunity of knowing it; and
          1. that in the circumstances his or her ignorance was excusable.

            1. No private prosecution (as defined in section 5 of the Criminal Procedure Act 2011) for an offence against this section can be commenced without the Attorney-General's consent.

            2. Nothing in this section shall apply to any publication within the meaning of the Films, Videos, and Publications Classification Act 1993, whether the publication is objectionable within the meaning of that Act or not.

            3. Repealed
            Compare
            • 1908 No 32 s 157
            Notes
            • Section 124(1)(b): amended, on , by section 3(2) of the Crimes Amendment Act 1966 (1966 No 98).
            • Section 124(1)(c): inserted, on , by section 3(1) of the Crimes Amendment Act 1966 (1966 No 98).
            • Section 124(5): replaced, on , by section 4 of the Crimes (Indecency) Amendment Act 2015 (2015 No 44).
            • Section 124(6): replaced, on , by section 150(1) of the Films, Videos, and Publications Classification Act 1993 (1993 No 94).
            • Section 124(7): repealed, on , by section 150(1) of the Films, Videos, and Publications Classification Act 1993 (1993 No 94).