Masturbating in public is not a criminal offence, Italy’s highest court has ruled — even if it is done with the intention of being seen in public.

According to The Independent, the Italian supreme court La Corte di Cassazione was asked to rule on the case of a 69-year-old man who had been caught masturbating in the southern city of Catania.

The man was convicted after he was seen “taking out his penis” and “practising autoeroticism” in front of students at the University of Catania campus, The Independent reports.

He was reportedly sentenced to three months’ jail and fined €3,420 ($5000) following a decision by the local Prefect of Catania and Court of Appeal.

Supreme court judges said that a recent government reform meant “the act is not included in the law as a crime”, meaning the court has eliminated the criminal aspects of sentencing for obscene acts in public places.

It’s understood Italian parliament passed a law last year decriminalising the offence or lurking in places frequented by girls in order to be seen masturbating.

In Indonesia, the penalty for masturbating in public is 32 months’ imprisonment. The UK sentences guilty people to 14 days in prison.

Source:news.com.au