NCJ Number
29948
Date Published
1974
Length
81 pages
Annotation
EXAMINATION OF THE LAW RELATING TO THE OFFENSES OF CONSPIRACY TO CORRUPT PUBLIC MORALS AND CONSPIRACY TO OUTRAGE PUBLIC DECENCY, PLUS PROPOSALS FOR LEGISLATIVE REFORM.
Abstract
THIS PAPER FIRST REVIEWS STATUTORY AND CASE LAW RELATING TO MORALS AND DECENCY PRIOR TO THE 1962 DECISION OF THE HOUSE OF LORDS IN SHAW V. DIRECTOR OF PUBLIC PROSECUTIONS, WHICH ESTABLISHED THE EXISTENCE OF THE BROAD OFFENSE OF CONSPIRACY TO CORRUPT PUBLIC MORALS. THIS IS FOLLOWED BY AN EXAMINATION OF THE CONDUCT WHICH HAS BEEN PROSECUTED UNDER THIS OFFENSE. THE PROVISIONS OF THE OBSCENE PUBLICATIONS ACT OF 1964 AND THE 1967 SEXUAL OFFENSES ACT ARE ALSO CONSIDERED BRIEFLY. IN ADDITION, THE 1973 DECISION OF THE HOUSE OF LORDS IN KNULLER V. DIRECTOR OF PUBLIC PROSECUTIONS IS DISCUSSED. THIS DECISION ESTABLISHED THE GENERALIZED OFFENSE OF CONSPIRACY TO OUTRAGE PUBLIC DECENCY. THE GAPS IN THE LAW WHICH THE ABOLITION OF ALL COMMON LAW OFFENSES IN THIS AREA OF LAW WOULD LEAVE ARE THEN IDENTIFIED. IT IS PROPOSED THAT CONSPIRACY TO CORRUPT PUBLIC MORALS AND CONSPIRACY TO OUTRAGE PUBLIC DECENCY SHOULD CEASE TO BE CRIMINAL WHERE THE OBJECT OF THE CONSPIRACY FALLS SHORT OF BEING A CRIME. ALSO RECOMMENDED IS THE ABOLITION OF A NUMBER OF COMMON LAW OFFENSES - CORRUPTING PUBLIC MORALS, OUTRAGING PUBLIC DECENCY, INDECENT EXPOSURE, PUBLIC EXHIBITION OF INDECENT ACTS AND THINGS, KEEPING A DISORDERLY HOUSE, OBSCENE LIBEL, AND CONSPIRACY TO DEBAUCH. ALSO PROPOSED IS THE CREATION OF NEW OFFENSES PENALIZING SOLICITATION IN A PUBLIC PLACE TO INDUCE ATTENDANCE AT FILM EXHIBITIONS OR OTHER OBSCENE PERFORMANCES, SALE OF ACCOUTREMENTS FOR USE IN DEVIANT SEXUAL PRACTICES, AND ADVERTISEMENTS BY PROSTITUTES IN SHOPKEEPERS' WINDOWS AND OTHER DISPLAYS.