VT- Nude South Burlington runner cited

11-3-2009 Vermont:

SOUTH BURLINGTON -- A man seen running without pants on a South Burlington bike path Saturday afternoon will face a charge of prohibited acts this morning in Vermont District Court in Burlington, police say.

Richard Michaud, 38, of Williston, a convicted sex offender, was spotted Saturday afternoon by several witnesses on a recreation path near Brewer Parkway, said Cpl. Paul Kissell, the investigating officer.

Before learning of Michaud's out-of-state conviction for gross lewdness, police issued him a municipal ticket -- South Burlington has a noncriminal ordinance against public nudity -- and an order against trespass in city parks and paths.

Police turned the case over to the Chittenden County State's Attorney's Office in Burlington after examining Michaud's criminal record.

Two previous sex-related convictions would have required Michaud to register in Vermont as a sex offender, but one does not, Chief Trevor Whipple said.

Among the definitions of Vermont's "prohibited acts" (Title 13; Chapter 59; Section 2632) is something done to "aid or abet prostitution, lewdness or assignation, by any means whatsoever."

A conviction could lead to up to one year's imprisonment and a fine of up to $100.

The state will draw from witness accounts to demonstrate that Michaud was engaged in a criminal act, Vermont District State's Attorney T. J. Donovan said.

Public nudity is not illegal in Vermont, Donovan said.

Whipple elaborated in a post to South Burlington residents on Front Porch Forum.

"If you have seen press releases about the naked bike ride in Burlington or Montpelier or the naked people visiting downtown Brattleboro, this should come as no surprise," he wrote.

So, only if one is a -registered sex offender or has such a conviction- does the state try to prove a criminal intent. Interesting...

He added it is illegal "to be lewd or to exhibit open sexual behavior directed toward others."

Regardless of the legal complexity of Michaud's case, police would remain alert to reports of unusual behavior on trails, Whipple wrote.

"Even if a crime had not been committed, this is the type of behavior that we do not want to see in areas frequented by children," he said Tuesday afternoon. "We'll do our best to discourage that kind of behavior and look for legal means to do it." ..Source.. by Joel Banner Baird