Crimes Act 1961

If you need more information about this Act, please contact the administering agency: Ministry of Justice

Crimes against morality and decency

124 Distribution 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,—

(a)

sells, exposes for sale, or otherwise distributes to the public any indecent model or object; or

(b)

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

(c)

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.

(2)

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.

(3)

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.

(4)

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—

(a)

that he or she had no reasonable opportunity of knowing it; and

(b)

that in the circumstances his or her ignorance was excusable.

(5)

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.

(6)

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.

(7)

[Repealed]

Compare: 1908 No 32 s 157

Section 124(1)(b): amended, on 1 January 1967, by section 3(2) of the Crimes Amendment Act 1966 (1966 No 98).

Section 124(1)(c): inserted, on 1 January 1967, by section 3(1) of the Crimes Amendment Act 1966 (1966 No 98).

Section 124(5): replaced, on 7 May 2015, by section 4 of the Crimes (Indecency) Amendment Act 2015 (2015 No 44).

Section 124(6): replaced, on 1 October 1994, by section 150(1) of the Films, Videos, and Publications Classification Act 1993 (1993 No 94).

Section 124(7): repealed, on 1 October 1994, by section 150(1) of the Films, Videos, and Publications Classification Act 1993 (1993 No 94).