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  1. #41
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Unintended Indecent Exposure

    Quote Quoting Who'sThatGuy
    View Post
    Are you kidding me, lol... "bona fide medical problem that left you no choice but to expose your genitals in open view in a public place"
    A letter confirming that somebody has a raging case of jock itch or crab lice, actually, could help convince a prosecutor that the guy checking himself out inside his own car in the parking lot of a pharmacy had no intention of exposing himself to the woman who happened to walk by his car. It's no guarantee, but criminal defense lawyers have to work with whatever their clients can bring to the table.

  2. #42
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Unintended Indecent Exposure

    I concur with Mr. Potts and Aaron. It is assumed by others he is an exhibitionist and prevert, I don't assume such for purposes of helping with legal prosepectives. If he is charged then let him be convited "Within the law".

    The FL law reads;


    Expose one private parts ...in a vulgar or indecent manner....Let the state prove it.

    My state's public indencency law has a mens rea of RECKLESSLY exposing ones private parts, now case law specific of course for FL, we can possible equate that to "in a vulgar of indecent manner".

    I have had occasion to read case law on various topics at the law library and under the section if one is answering the "call of nature alfresco", he should not be convicted of public indecency if his actions were not reckless, that is, "likely" to be viewed by others.

    Also my state has a clause if one "appears to be masturbating", on the PC of a viewer, he can be charged. A man can be sitting in his car "scratching" himself, period, and a person can quickly come by and think he is doing it, even though they can not see his organ. The arm movement/motion would appear to be similar.

    So, you are charged with public indecency, when you did no such thing.

    NOW, I understand he admits to what he did, fine, let him be convicted "within the law".

  3. #43
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Unintended Indecent Exposure

    Quote Quoting BOR
    View Post
    The FL law reads;


    Expose one private parts ...in a vulgar or indecent manner....Let the state prove it.

    My state
    .[/QUOTE]

    A lot will depend on what the witness states as to the actions of the OP. This OP has given a typical story of what happens when a public wanker gets caught in the act. If the witness states it appeared he was masturbating rather than attempting to examine himself, OP is likely going to lose.

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