Posted on 04/26/2009 9:42:50 PM PDT by gondramB
DENVER -- The American Civil Liberties Union plans to lobby for changes to Colorado laws that require nude offenders to register as sex offenders, claiming the laws are unusually harsh. ---
Boulder is no stranger to naked mayhem. Last year, more than 60 nude cyclists rode around the city protesting oil-burning cars; a teenager streaked at the Boulder-Fairview football game; and about a 100 people participated in the annual Naked Pumpkin Run.
In each case, the offender could be charged with indecent exposure, which carries a mandatory registration as a sex offender.
(Excerpt) Read more at thedenverchannel.com ...
>>"We're dealing with a square peg in a round hole," Stan Garnett, who became Boulder County's district attorney shortly after the pumpkin running incident, told the Camera. "Most people would say people running down the mall with pumpkins on their heads may not be somebody who is at risk of becoming a sex offender in the future."<<
But some nudity like a flasher jumping out in front of little girls does is a sex offense so it would be better to rewrite the law instead of just letting ACLU win this suit.
Just re-read and realized the ACLU will take a rewrite rather than going directly to a suit so there is a good option.
Yeah, I did. I’s standin’ overe there by the tomaters, and here he
come, running through the pole beans, through the fruits and vegetables,
nekkid as a jay bird. And I hollered over t’ Ethel, I said, “Don’t
look, Ethel!” But it’s too late, she’d already been incensed.
A weenie wagger is a weenie wagger is a weenie wagger regardless of good intentions or not !
..... Ask Eaker !
LOL !!
I’m no fan of the ACLU but this might be a “broken clock” moment for them.
“Ethel! Get your clothes back on!”
>>I’m no fan of the ACLU but this might be a “broken clock” moment for them.<<
That’s my feeling too.
They have a horrible blind spot for religious expression rights and sanctity of life rights... but they do have some good work. I think they are right this time
Whenever a fellow called Rex
Flashed his very small organ of sex,
He always got off,
For the judges would scoff—
De minimis non curat lex.(poet unknown)
I am afraid that this will make flasher behavior ok.
I do understand the difference between a college man mooning his opponents and a pervert flashing “it” at the bus stop. Or a grown up flashing a kid. It is not benign for a group to hike nude up Mt. Tam. My kids hike Mt. Tam. I don’t want my young daughters visually assaulted by adult pervs.
On the other hand I don’t think they are traumatized if they come across a young man taking a leak.
I suppose the difference is the intent. Most of us get that, even if we are little. To accidentally see someone expose themselves can be embarrassing, but to be accosted by someone doing it deliberately is terrifying.
But the law does not seem to understand the difference. It may let a lot of very serious pervs stay out of the sex offender system. I think that would be a bad thing.
Not sure how to address it.
Yep. I agree and I hate to agree with the ACLU.
But the law does not seem to understand the difference. It may let a lot of very serious pervs stay out of the sex offender system. I think that would be a bad thing.
Not sure how to address it.
Texas law addresses intent and would seem to me to get it right:
Definition of Indecent Exposure - Texas Penal Code Section 21.08§ 21.08 INDECENT EXPOSURE.
(a) A person commits an offense if he exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present who will be offended or alarmed by his act.
(b) An offense under this section is a Class B misdemeanor.
But the law does not seem to understand the difference. It may let a lot of very serious pervs stay out of the sex offender system. I think that would be a bad thing.
Not sure how to address it.
I looked up Colorado law on the subject and it too makes a distinction between simple exposure and exposure that is intended to arouse or offend someone.
18-7-301. Public indecency.(1) Any person who performs any of the following in a public place or where the conduct may reasonably be expected to be viewed by members of the public commits public indecency:18-7-302 - Indecent exposure.(a) An act of sexual intercourse; or(2) Public indecency is a class 1 petty offense.(b) An act of deviate sexual intercourse; or
(c) A lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of any person; or
(d) A lewd fondling or caress of the body of another person.
(1) A person commits indecent exposure if he knowingly exposes his genitals to the view of any person under circumstances in which such conduct is likely to cause affront or alarm to the other person.
Stuntists can always wear jockstraps. The Naked Cowboy of NYC does not seem to get in any trouble.
The sex offender laws have become abused. Mooning someone or taking whiz in woods in golf course have been enough to get people on offender list.
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