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1234.0 - Australian Standard Offence Classification (ASOC), 1997  
Previous ISSUE Released at 11:30 AM (CANBERRA TIME) 14/10/1997   
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Contents >> Chapter 3: Definitions >> 13 Public Order Offences

Division 13 - Public Order Offences

Offences involving personal conduct that involves or may lead to a breach of public order and decency, or that is indicative of criminal intent, or that is otherwise regulated or prohibited on moral or ethical grounds. The 'victim' of these offences is the public at large. However, some offences such as offensive language and offensive behaviour may occur in a private place.

This division is further disaggregated on the basis of whether or not the behaviour is regulated.

Offences in this division are classified into the following subdivisions:

    131 Disorderly Conduct
    132 Regulated Public Order Activities


Subdivision 131 - Disorderly Conduct

Offences involving personal conduct that is offensive to members of the public or is indicative of criminal intent.

This subdivision is further disaggregated on the basis of type of disorderly conduct.

Offences in this subdivision are classified into the following groups:

    1311 Trespass
    1312 Offensive Language
    1313 Offensive Behaviour
    1314 Criminal Intent
    1315 Conspiracy
    1319 Disorderly Conduct, nec

    1311 Trespass
    An unlawful and unwarranted intrusion upon the land or property of another, not involving any further criminal intent.

      Inclusions
      :
      Unlawfully on premises

      Exclusions
      :
      Unlawfully on premises with the intent or in possession of materials indicating intent. This is coded to Group 0711, Unlawful Entry with Intent/Burglary, Break and Enter
      Destruction of, or damage to, property. This is coded to Subdivision 121, Property Damage
    1312 Offensive Language
    The use of abusive, invective or improper verbal language that is likely to be considered offensive by another person.
    1313 Offensive Behaviour
    Behaviour of a non-verbal kind which is likely to be considered offensive by another person.

      Inclusions:
      Vagrancy
      Begging
      Public drunkenness
      Coarse forms of gesticulation
      Streaking
      Engaging in intercourse in front of minor/child (unless there is an intent to force the child to watch)
      Busking without a permit

      Exclusions:
      Forcing a minor/child to witness an act of sexual intercourse. This is coded to Group 0321, Non-Assaultive Sexual Offences Against Children
    1314 Criminal Intent
    Associating with criminal offenders, or behaving in a manner, or possessing tools, clothing or other material that indicates an intention to commit a criminal offence.

      Inclusions:
      Go equipped to steal
      Possessing housebreaking implements
      Face blackened at night
      Articles of disguise
      Possessing any object with intent to destroy or damage property

      Exclusions:
      Consorting/conspiracy. This is coded to Group 1315, Conspiracy
      Unlawfully on premises with the intent or in possession of materials indicating intent. This is coded to Group 0711, Unlawful Entry with Intent/Burglary, Break and Enter
    1315 Conspiracy
    Conspire or consort with other persons to commit a criminal offence.

      Inclusions
      :
      Conspiracy to steal
      Conspiracy to defraud
      Conspiracy to import, manufacture or sell illicit drugs
      Conspiracy to grow illicit drug crops
      Conspiracy to aid escape from legal custody

      Exclusions
      :
      Conspiracy to murder. This is coded to Group 0121, Conspiracy to Murder
      Conspiracy to subvert or obstruct justice. This is coded to Group 1521, Subvert the Course of Justice
    1319 Disorderly Conduct, nec
    Disorderly conduct not elsewhere classified in Subdivision 131, Disorderly Conduct.

      Inclusions
      :
      Throw stones not causing injury
      Unlawfully use animal/breach of cruelty to animals legislation
      Desecration of graves/interfere with corpse
      Riot and affray
      Incitement to racial hatred/vilification


Subdivision 132 - Regulated Public Order Offences

Offences involving behaviour that is regulated or prohibited on moral or ethical grounds.

This subdivision is further disaggregated on the basis of the type of regulated public order activity violated.

Offences in this subdivision are classified into the following groups:

    1321 Betting and Gambling Offences
    1322 Liquor and Tobacco Offences
    1323 Censorship Offences
    1324 Prostitution Offences
    1325 Offences Against Public Order Sexual Standards
    1329 Regulated Public Order Offences, nec

    1321 Betting and Gambling Offences
    Offences arising from the operation of illegal betting or gaming or breaches of rules or regulations that apply to legal betting or gaming operations.

      Inclusions
      :
      Those offences involving the breach of rules of regulated gaming operations
      Offences involving unregulated gaming operations
    1322 Liquor and Tobacco Offences
    The production, and/or sale or purchase of alcoholic or tobacco products without a licence or in breach of licensing conditions.

      Inclusions
      :
      Sale of liquor or tobacco to minor
      Sale of alcoholic products without a licence
      Sale of alcoholic products in contravention of licence conditions
      Purchase of alcoholic products in contravention of licence conditions

    1323 Censorship Offences
    The production, possession, distribution or display of prohibited or controlled pornographic or other material in written, photographic, film, video or other format.

      Exclusions
      :
      Procuring child for pornography. This is coded to Group 0321, Non-Assaultive Sexual Offences Against Children
    1324 Prostitution Offences
    Offences involving the sale or purchase of sexual services.
    The term 'prostitute' can be taken to mean either male or female prostitutes, and 'prostitution' taken to mean prostitution of either a male or female person.

      Exclusions
      :
      Sexual assault (including rape) of prostitutes. This is coded to Subdivision 031, Sexual Assault
    1325 Offences Against Public Order Sexual Standards
    Engaging in sexual behaviour that does not involve a physical assault on another but that is likely to be offensive to members of the public, or that otherwise involves a prohibited form of intercourse.
    Includes only that sexual behaviour which is illegal even if carried out in private.

      Inclusions
      :
      Bestiality
      Indecent exposure
      Lewdness
      Necrophilia
      Prohibited forms of intercourse (e.g. homosexual intercourse in some States/Territories)

      Exclusions
      :
      Prostitution. This is coded to Group 1324, Prostitution Offences
    1329 Regulated Public Order Offences, nec
    Regulated public order offences not elsewhere classified in Subdivision 132, Regulated Public Order Offences.

      Inclusions
      :
      Breaches of euthanasia legislation not amounting to murder, manslaughter, attempted murder or assault
      Advertise/seek out a surrogate mother

      Exclusions
      :
      Killing an unborn child, infanticide. This is coded to Group 0131, Manslaughter
      Procure abortion. This is coded to Group 1695, Procure or Commit Illegal Abortion





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