What must be proven in a case of obscene exposure under the Summary Offences Act?

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The key element that must be proven in a case of obscene exposure under the Summary Offences Act is that the accused deliberately exposed their person in a public place or near a school. This requirement is critical because it establishes the context in which the exposure occurred, which is central to defining the behavior as "obscene" under the law. The emphasis on public places or areas near schools reflects the potential for harm or disturbance to the community and ensures that such actions are held to a standard that protects public decency and order.

This condition helps establish the situation in which the alleged offense took place, indicating that the behavior was not merely a private matter but one that has implications for the community at large. Public exposure can be seen as a violation of societal norms, which is why it is scrutinized under the Summary Offences Act.

Other factors mentioned in the other choices do not align with the legal definition or obligations under the act. For example, prior convictions, provocation by others, or the presence of witnesses do not directly address the core nature of what constitutes the offense of obscene exposure. This focus on the act's context underscores why the requirement for exposure in public scenarios is paramount in proving such cases.

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