Article 254b of the Penal Code (Sr) makes it punishable to intentionally perform acts that are publicly offensive to honor. This article replaces the old Article 239 of the Criminal Code and targets behavior that is offensive to the normally developed sense of shame in society. The criminal behavior includes both physical and online acts that are displayed to others uninvited and in a confrontational manner. Examples include exhibitionism, such as publicly exposing genitals, or performing sexual acts such as masturbation, even if partially covered. Such acts may also be punishable if they take place in a non-public place but are visible to others, such as through a window of a home to the street.
What is desecration of honor?
The term "in public" is interpreted broadly to include digital environments such as social media and public websites where people may be inadvertently confronted with offensive behavior. For example, if someone posts a video on a publicly accessible social media platform in which they expose themselves in a sexual manner, this falls under the criminal acts under Article 254b. The behavior must be visible to a large audience, which means that closed groups and private environments fall outside the scope of criminality.
What is an example of profanity or offensive behavior?
A concrete example is a person who bares his genitals in front of passersby in a public park. Such conduct is punishable under Article 254b by imprisonment for up to six months or a third-category fine. The article aims to protect against behavior that can cause serious violations of the sense of shame and potentially lead to more serious sexual offenses.
What does the article say regarding shaming or offensive behavior?
The person who intentionally performs in public or, if a person is present in spite of it, in a non-public place acts that are offensive to the honor, shall be punished with imprisonment of not more than six months or a fine of the third category.
Are you suspected of "lewd or offensive behavior"?
The attorneys at Kötter, L'Homme & Plasman Attorneys at Law are experienced criminal law specialists and can assist you at the time you are suspected of indecent exposure or offensive behavior.
Our attorneys will discuss the criminal case with you and work with you to determine a strategy that will achieve the success you desire. However, it is good for you to know that our lawyers do not bake sweet cakes; we give sound, honest and sincere advice. Should you have to appear in court, they will carefully prepare you for the hearing. The attorneys at Kötter, L'Homme & Plasman Advocaten will ensure that you are represented in the best possible way during the hearing.
If you have any questions about this, please feel free to contact our office. You can send an e-mail to info@klpadvocaten.nl or (during office hours) call 020-6731548. In case of emergency (you or someone you know may soon be arrested), please contact us at our emergency phone number 06-24428734.
Read here more about what different sex offenses there are.
