Your honor, my client didn't do anything illegal
4 years ago by guest · 693 Likes · 12 comments · Popular
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guest_
· 4 years ago
· FIRST
An epic come back, and very funny. For the record- speaking for the US (laws vary) it is generally illegal to have sex in a dressing room, public bathroom, your car, etc. You can even be charged with a crime for having sex in your own backyard or inside the house. How? Read on.
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guest_
· 4 years ago
Remember that state and local laws vary, and this isn’t legal advice- but IN GENERAL- most any business that is open to the general public- that includes places like bars and clubs that take ID to get in- is considered a “public place” for the intent of most laws. Sex in a dressing room is still a “public place” because it is in the general public- the fact there is a measure of privacy does not change that it is a public place- it’s just a public place with some measure of privacy- an airplane bathroom locks, and has privacy- but it’s still considered part of the plane no? The rules of the plane apply in the bathroom- you can’t smoke or take out your gun just because you’re in the crapper on a flight.
guest_
· 4 years ago
So if you are caught- you’ll likely be arrested (maybe not- the store needs to call police, charges need to be filed, a DA has to decide to prosecute...) and if prosecuted, likely convicted of a crime. That crime might vary by jurisdiction as well.
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guest_
· 4 years ago
Many states hold that simply, for example- having your genitals exposed in VIEW of the public is a “lewd act in public.” This is usually a misdemeanor- a relatively minor charge and not a sex crime (no offender list for you). This applies anywhere, so walking around your home naked COULD be a crime if the public can see your genitals. Intent and reason are important here. Most places you aren’t likely to be convicted of an offense for forgetting to draw the shades before getting a towel from the hall closet and being seen by a passer by- you had no lewd intent and you’d have to have some reasonable expectation that you’d be in public view.
guest_
· 4 years ago
Sitting on your front lawn right on a busy street, booty naked and working your junk over like it’s a rusty lawn mower that won’t start- that has intent AND reasonable assumption and will very likely be prosecuted and convicted most places.
guest_
· 4 years ago
When it comes to sexual acts- sex with another person, sex with yourself or objects- your chances of a charge go up greatly. On the subject of intent- a key is wether the act was committed for sexual gratification. Sex is generally hard to argue that it isn’t for gratification. Unless you have some diagnosis for a very rare condition that causes you to stick things up your butt- gratification is about the only thing a judge is gonna believe is motive if you’re caught with a cucumber in you in a dressing room.
guest_
· 4 years ago
Now we come to circumstances. There are MANY charges most jurisdictions can throw at you for being naked, having sex, etc. in public places or view of the public. Some are much more severe and can easily see you added to a sex offender registry. Intent, gratification, and being somewhere that a member of the public sees your genitals can be classified as indecent exposure for example.
guest_
· 4 years ago
A skilled lawyer can often find technicalities in cases like this- they don’t have to prove you didn’t do anything wrong, they just have to prove what you did doesn’t fit the definitions of the crime(s) the prosecution have entered charges to the court on. For example- nude women have beat charges for exposing their genitals in public because the labia could not be seen, or arresting officers failed to properly report the labia could be seen- and thusly, you couldn’t see their genitals even though they were technically exposed, ergo- the crime doesn’t stick.
guest_
· 4 years ago
It’s best to not find yourself in a situation where you’re relying on a skillful play of your attorney; a mistake or oversight by police and prosecutors, and a judge who is cooperative to the defense ploy. In general- sex in a dressing room is illegal- and getting caught can bring serious legal trouble.
guest_
· 4 years ago
As a last note- generally no, you won’t win a civil suit against the employees if they barge in on you. For one thing- you need an actual cause to recoup losses, and simply feeling embarrassed isn’t enough to justify a civil judgment on its own. An employee generally needs intent or gross negligence in barging in to constitute a crime or wrong doing. An employee entering because they believe that someone is in danger or another compelling reason is also justification- and while it is generally a good idea for them to knock and give you time to be made decent- most jurisdictions don’t require it- especially if they believe you are stealing or committing a crime. In point of fact, only a fraction of US states outlaw actively watching or using video surveillance inside changing rooms. So the expectation to privacy in most states is minimal if it exists at all.
mrfahrenheit
· 4 years ago
Law student here: It depends.
deleted
· 4 years ago
Sounds more like he's a journalist with the New Yorker Magazine