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Subject: Man arrested for being naked in his own home. [YT] rss

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David Kahnt
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Two questions:

1) Why was the woman walking through his property with her young child so early?
2) Will this charge follow him on record?

-DK
 
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I just don't know what to say.
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Chad Ellis
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The police say they believe he wanted to expose himself. If the lawyer commenting on the case is correct (and he's not the defendant's lawyer so presumably he doesn't have an axe to grind), they will have to prove that beyond a reasonable doubt, which seems unlikely given the hour and the fact that he was visible from his yard rather than, say, from the street.

If they have some evidence that supports this claim, that's one thing. If this is really the first time anything has come up, I can't understand how he could be convicted.
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Gary Page
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I think both UK and US laws on public nudity cover "in public view" rather than on public property. I am pretty sure you don't have the right to expose yourself to someone from your own property.
 
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Well -- if I were him, I would invest in some "No Trespassing" signs. Then, he could bring charges against the mom for being on his property at 5 in the morning.
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Snowball
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Penis should be forbidden.
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True Blue Jon
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Shouldn't she have covered her daughter's eyes instead?
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Chad Ellis
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GazPAge wrote:
I think both UK and US laws on public nudity cover "in public view" rather than on public property. I am pretty sure you don't have the right to expose yourself to someone from your own property.


True, but there have to be limits. Clearly if someone is using a telescope to look through my window from a distance they a) have bad taste and b) are the ones breaking the law.

When I first saw the clip I thought the people who saw him were walking by his house on the sidewalk. Even at 5:30am, if your kitchen has an open view on the sidewalk you have to pull the drapes if you want to walk around naked. But if they saw him from his own yard that seems sketchy to say the least. (It could be that his yard is essentially a public right-of-way.)
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Gary Page
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I didn't mean to claim much understanding of the laws, so clearly there is some interpretation on what counts as public. I am not sure if it has to be visible with the naked eye or not.
 
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Jage
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Charge them with Trespassing!

Also, why the hell would you call the police for that? Normal people would just avert their eyes and keep walking.

So, the woman should be an adult.

Also, you think a 7 year old boy has never seen a penis before?

Ever gone to the gym or a swimming pool or a locker room?

Or looked down?
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Can't you blast people trespassing on your property with a shotty? If they rolled past my window the day after calling the cops on me, I'd pop the woman and wing the boy (just to be sure).
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joebelanger wrote:
Can't you blast people trespassing on your property with a shotty? If they rolled past my window the day after calling the cops on me, I'd pop the woman and wing the boy (just to be sure).


I do not believe you can do this at all without facing murder charges.

-M
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Ken
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One layman's thought - the video mentioned this was a front window. If he was visible from the street, I bet it sticks. If his front window is blocked from view to the ordinary passer-by, I bet it doesn't. I can see the law distinguishing between being naked in your own home and being naked in your own home where the neighborhood can clearly see you...
 
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Sam I am
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I don't know about you guys but I always hang out naked at 5:30am hoping someone is trespassing on my lawn!
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Chad Ellis
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perfalbion wrote:
One layman's thought - the video mentioned this was a front window. If he was visible from the street, I bet it sticks. If his front window is blocked from view to the ordinary passer-by, I bet it doesn't. I can see the law distinguishing between being naked in your own home and being naked in your own home where the neighborhood can clearly see you...


So can I, but even so they have to demonstrate intent. There's only so much we can know from a short new clip -- the police apparently think he wanted to be seen and a D.A. gave them the go-ahead to pursue it. Maybe there's a history here that we haven't heard about.
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Ken
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Chad_Ellis wrote:
So can I, but even so they have to demonstrate intent.


I'm not a lawyer so there's a better than even chance that I'm wrong, but I'm not buying that. There's plenty of laws/ordinances that don't require intent for a violation to occur. Speeding, for example.

The opinion he gives seems to say that I could sunbathe nude on my porch in VA in public view and not be guilty unless my intent was for people to see me nude. That seems incorrect. Perhaps the fact that he was in his home changes things, but it would be odd if it did for something like indecent exposure.

As you say, it's a relatively brief clip, and there's a lot we don't know. But I do know that one can break a law (even a criminal one) without intent and be found guilty of that.
 
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Jeff Jones
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malloc wrote:
joebelanger wrote:
Can't you blast people trespassing on your property with a shotty? If they rolled past my window the day after calling the cops on me, I'd pop the woman and wing the boy (just to be sure).


I do not believe you can do this at all without facing murder charges.

-M


You ain't from Texas are you boy?

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Jorge Montero
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Kafka wrote:
malloc wrote:
joebelanger wrote:
Can't you blast people trespassing on your property with a shotty? If they rolled past my window the day after calling the cops on me, I'd pop the woman and wing the boy (just to be sure).


I do not believe you can do this at all without facing murder charges.

-M


You ain't from Texas are you boy?



Not just Texas. As of two years ago, anyone in Missouri can claim that someone trespassing seemed threatening, and shoot them in the head.
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Mark Hamzy
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joebelanger wrote:
Can't you blast people trespassing on your property with a shotty? If they rolled past my window the day after calling the cops on me, I'd pop the woman and wing the boy (just to be sure).


You gotta protect your meth lab after all...
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Ben Foy
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perfalbion wrote:
The opinion he gives seems to say that I could sunbathe nude on my porch in VANH in public view and not be guilty unless my intent was for people to see me nude.


This is correct.
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John W
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Tragic enough, my next door neighbor was arrested, and convicted (IIRC) for just this same offense.

Except he was upstairs... in his bedroom... and there was no child involved.
Our busybody interfering 50+ year old neighbor woman was looking in on him from her home behind his backyard.

She's a good 150 feet away and would probably have to have binoculars (or else my neighbor's junk was so big it could be seen on Google Maps), but not only was he convicted, but he lost his job as maintenance for a school district.

I'm still baffled/disturbed at the precedent.
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WTF?
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Jeff
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Fuck. I am closing my kitchen window, plants be damned!
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Ken
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Curtains, people! Curtains. Technology is your friend.
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hamzy wrote:
joebelanger wrote:
Can't you blast people trespassing on your property with a shotty? If they rolled past my window the day after calling the cops on me, I'd pop the woman and wing the boy (just to be sure).


You gotta protect your meth lab after all...


This is Hutto, not Round Rock; where the RR'ians say "meff lab", for want of teeff.
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