(1) Every person is liable to a fine not exceeding $1,000 who,—
(b) in any public place, addresses any words to any person intending to threaten, alarm, insult, or offend that person; or
(2) Every person is liable to a fine not exceeding $500 who, in or within hearing of any public place, uses any indecent or obscene words.
(3) In determining for the purposes of a prosecution under this section whether any words were indecent or obscene, the court shall have regard to all the circumstances pertaining at the material time, including whether the defendant had reasonable grounds for believing that the person to whom the words were addressed, or any person by whom they might be overheard, would not be offended.
(4) It is a defence in a prosecution under subsection (2) if the defendant proves that he had reasonable grounds for believing that his words would not be overheard.
Compare: 1927 No 35 ss 3D, 48; 1954 No 50 s 40(1); 1967 No 154 s 2(1)
Section 4(1): amended, on 1 January 1998, by section 7 of the Summary Offences Amendment Act 1997 (1997 No 97).
Section 4(2): amended, on 1 January 1998, by section 7 of the Summary Offences Amendment Act 1997 (1997 No 97).
Section 4(5): added, on 1 October 1994, by section 150(1) of the Films, Videos, and Publications Classification Act 1993 (1993 No 94).