New Bill: Take the 'P' out of pervert

Urinating in public would cop a fine, not sex offender rap
1-29-2008 New Hampshire:

CONCORD — The New Hampshire Legislature is set to review a bill (HB 1294) that aims to fix a loophole that allows individuals who urinate in public to be placed on the state's sex offender registry.

According to the measure's primary sponsor, Rep. Stephen Shurtleff of Merrimack, the bill would separate public urination and defecation from the indecent exposure provision, elements that heretofore have been prosecuted together under state law. Under the proposed law, relieving oneself in public would move into the realm of a violation punishable by a fine.

Shurtleff said the bill became necessary in his eyes because New Hampshire is changing its sexual predator laws to move into compliance with federal law. If the bill does not pass, he said public-urination offenders could end up on the non-public sex offender registry if convicted twice in a three-year period.

"It's about keeping people off the registry that really shouldn't be on it. For example, you have some homeless people with varying degrees of mental problems who might (urinate or defecate in public) and it's not a sexual offense," Shurtleff said. "There's a stigma attached with the indecent exposure connection."

Portsmouth Police Chief Michael Magnant said Portsmouth doesn't use the state law on lewdness or indecent exposure when someone who urinates in public is apprehended, instead citing them for a violation of a city ordinance. He noted that the state law requires that those making use of the street as a bathroom have to have caused public alarm to be convicted under the heading of indecent exposure.

"That adds an extra element that we have to prove in court," Magnant said.

The chief said the Portsmouth Police Department monitors sex offenders closely and keeps track of where they are living. Partly because of the work involved in that, he echoed Shurtleff's view that the registry needs to be kept free of offenders who do not deserve the label.

"If you start to clutter that list, you're putting strain on a department," Magnant said.

Shurtleff said that, thus far, the bill has seen no opposition in the Legislature. He said he expects it to go up for debate on the floor in less than a month. ..more.. by Dave Choate