13 Public order offences
Division 13 - Public order offences
Offences relating to personal conduct that involves, or may lead to, a breach of public order or decency, or that is indicative of criminal intent, or that is otherwise regulated or prohibited on moral or ethical grounds. In general these offences do not involve a specific victim or victims; however some offences, such as offensive language and offensive behaviour, may be directed towards a single victim.
This division is further disaggregated into subdivisions 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 offences
133 Offensive conduct
131 Disorderly conduct
Subdivision 131 Disorderly conduct
Offences involving personal conduct that is disorderly or is indicative of criminal intent.
This subdivision is further disaggregated on the basis of the type of disorderly conduct.
Offences in this subdivision are classified into the following groups:
1311 Trespass
1312 Criminal intent
1313 Riot and affray
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
Trespass without intent to commit a crime
Enter restricted areas at major events
Exclusions:
Unlawfully on premises with intent, or in possession of materials indicating intent. These are coded to Group 0711, Unlawful entry with intent/burglary, break and enter.
Destruction of, or damage to, property. These are coded to the relevant groups within Subdivision 121, Property damage.
1312 Criminal intent
Associating with criminal offenders, or behaving in a manner, or possessing tools, clothing or other material, that indicates an intent to commit a criminal offence.
Inclusions:
Go equipped to steal
Possess instruments used for theft or burglary
Face blackened at night
Possess articles of disguise
Possess any object with intent to destroy or damage property
Exclusions:
Unlawfully on premises with intent, or in possession of materials indicating intent. These are coded to Group 0711, Unlawful entry with intent/burglary, break and enter.
1313 Riot and affray
A public disturbance involving acts or threats of violence for a common purpose by an assemblage of persons.
Inclusions:
Take part in a riot
1319 Disorderly conduct, nec
Disorderly conduct not elsewhere classified in Subdivision 131, Disorderly conduct.
Inclusions:
Disorderly behaviour in a public place
Desecrate graves/interfere with corpse
Throw stones not causing injury
Hoaxes causing public nuisance
Exclusions:
Unlawfully use animal. These are coded to Group 1334, Cruelty to animals.
Riot and affray. These are coded to Group 1313, Riot and affray.
Vilify or incite hatred on racial, cultural, religious or ethnic grounds. These are coded to Group 1333, Vilify or incite hatred on racial, cultural, religious or ethnic grounds.
Bomb threats. These are coded to Group 0532, Threatening behaviour.
Hoax calls to emergency services. These are coded to Group 1549, Offences against government operations, nec.
132 Regulated public order offences
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 involved.
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
1326 Consumption of legal substances in regulated spaces
1329 Regulated public order offences, nec
Inclusions:
Regulated activities governing public order standards
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:
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 a minor
Sale of alcohol products without a licence
Sale of alcoholic products in contravention of licence conditions
Purchase of alcoholic products in contravention of licence conditions
Exclusions:
Consumption of legal substances in regulated spaces. These are coded to Group 1326, Consumption of legal substances in regulated spaces.
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:
Procure a child for child material abuse offences. These are coded to Group 0321, Non-assaultive sexual offences against a child.
Child abuse material offences. These are coded to Group 0322, Child abuse material offences (previously labelled "Child pornography offences").
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’ can be taken to mean prostitution of either a male or female person.
Exclusions:
Sexual servitude offences. These are coded to Group 0323, Sexual servitude offences.
Sexual assault (including rape) of prostitutes. These are coded to Group 0311, Aggravated sexual assault; or Group 0312, Non-aggravated sexual assault.
1325 Offences against public order sexual standards
Engaging in sexual behaviour that does not involve 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.
Inclusions:
Bestiality
Flashing
Streaking
Lewdness
Necrophilia
Exclusions:
Prostitution offences. These are coded to Group 1324, Prostitution offences.
Non-assaultive sexual offences against a child. These are coded to Group 0321, Non-assaultive sexual offences against a child.
Child pornography offences. These are coded to Group 0322, Child pornography offences.
Sexual servitude offences. These are coded to Group 0323, Sexual servitude offences.
1326 Consumption of legal substances in regulated spaces
Actions involving the consumption of legal substances (e.g. alcohol or tobacco) in prohibited or regulated public spaces.
Inclusions:
Drink alcohol in an alcohol free zone
Possess alcohol in an alcohol free zone
Smoke in a designated non-smoking area
Exclusions:
The production, and/or sale or purchase, of alcoholic or tobacco products without a licence or in breach of licensing conditions. These are coded to Group 1322, Liquor and tobacco offences.
1329 Regulated public order offences, nec
Regulated public order offences not elsewhere classified in Subdivision 132, Regulated public order offences.
Inclusions:
Breach of euthanasia legislation not amounting to murder, manslaughter, attempted murder or assault
Advertise/seek out a surrogate mother
Exclusions:
Kill an unborn child/infanticide. These are coded to Group 0131, Manslaughter.
Procure or commit illegal abortion. These are coded to Group 1695, Procure or commit illegal abortion.
133 Offensive conduct
Subdivision 133 Offensive conduct
Offences involving personal conduct that is deemed offensive to members of the public.
This subdivision is further disaggregated on the basis of the type of offensive conduct.
Offences in this subdivision are classified into the following groups:
1331 Offensive language
1332 Offensive behaviour
1333 Vilify or incite hatred on racial, cultural, religious or ethnic grounds
1334 Cruelty to animals
1331 Offensive language
The use of abusive, invective or improper verbal language that is likely to be considered offensive by another person.
1332 Offensive behaviour
Behaviour of a non-verbal kind that is likely to be considered offensive by another person.
Inclusions:
Vagrancy
Begging
Public drunkenness
Coarse forms of gesticulation
Engage in intercourse in front of a minor/child (unless there is an intent to force the child to watch)
Busk without a permit
Exclusions:
Force a minor/child to witness an act of sexual intercourse. These are coded to Group 0321, Non-assaultive sexual offences against a child.
1333 Vilify or incite hatred on racial, cultural, religious or ethnic grounds
Offences involving the incitement of hatred towards, serious contempt for, or severe ridicule of, a person or group of persons on the grounds of their race, culture, religion or ethnicity.
Exclusions:
Vilify or incite hatred resulting in physical harm. These are coded to Division 02, Acts intended to cause injury.
Vilify or incite hatred resulting in property damage. These are coded to Division 12, Property damage and environmental pollution.
1334 Cruelty to animals
An act that causes suffering, pain, harm, or puts an animal's life in danger or causes death. It can be in the form of neglect to tame animals by not giving food and water or training animals by use of physical force.
Inclusions:
Unlawfully use animal
Breach cruelty to animal legislation
Exclusions:
Flora and fauna offences. These are coded to Group 1691 Environmental regulation offences.
Bestiality. These are coded to Group 1325, Offences against public order sexual standards.