(1)For the purposes of section 9, a person is doing a private act if the person is in a place which in the circumstances would reasonably be expected to provide privacy, and—
(a)the person's genitals, buttocks or breasts are exposed or covered only with underwear,
(b)the person is using a lavatory, or
(c)the person is doing a sexual act that is not of a kind ordinarily done in public.
(2)For the purposes of section 9(3) [F1and (4A)], operating equipment includes enabling or securing its activation by another person without that person's knowledge.
(3)In section 9(5), “structure” includes a tent, vehicle or vessel or other temporary or movable structure.
Textual Amendments
F1Words in s. 10(2) inserted (1.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 43(3), 206; S.S.I. 2010/357, art. 2(b)