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2. If my intention is not with indecent motive, for example, sexual gratification, will my acts still be considered as indecent?

Yes. Sexual gratification is not a pre-condition for section 146 gross indecency. It does not, therefore, follow that the absence of sexual gratification means there cannot be an act of gross indecency. The question is whether there was or was not an act of gross indecency with or towards a child under 16 years of age.

 

For example, the Court has held that making a child change clothes, hold up her skirt, kneel on a bed and raise her buttocks in the air whilst the defendant video-recorded the process satisfied the requirements of section 146. Even though the person making the video recording claimed not to have done so for sexual gratification, the activity was grossly indecent and he had brought that about. He was convicted under section 146. The conviction was upheld on appeal.

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