9-14-2011 National:
There is an excellent article over at the "False Rape Society Blog" which folks must read.
Skip past the stuff about Dan the Man and his package and get to the part about Sex Offender Registries and the Adam Walsh Act (AWA).
AWA certainly has increased the number of registrants nationally, and many are low level sexual acts that no one would give a hoot about. i.e., Dan the Man streaking at a local football game, or two young lovers (Romeo and Juliet cases).
That article is quite good and the stats are great.
For now have a great day & a better tomorrow.
eAdvocate
See also 2009: Sex laws Unjust and ineffective
Showing posts with label Streaking. Show all posts
Showing posts with label Streaking. Show all posts
September 14, 2011
Dan the Streakin' Man awaits school's punishment for puerile football game prank
February 28, 2010
Danaher: Common sense on nudity
2-28-2010 Colorado:
How about if we bring some common sense to the streaking and sex offender registration issue? On one hand we have some who claim that running around without any clothes on is a form of protected "speech," and on the other, current law requires that we brand those incarcerated for participating in the World Naked Bike Ride or the Naked Pumpkin Run with the same label that a rapist earns. I think both extremes are extreme.
In addition to thinking running around nude is a form of free speech, according to Judd Golden of the Boulder Chapter of the ACLU, "There is a long history of nudity in political and social protests." I agree that getting naked has been associated with protests. But I would argue that it's a form of civil disobedience. And like other forms of civil disobedience -- sitting in the road of the entrance to Rocky Flats nuke plant, chaining oneself to the door of an abortion clinic, or tree sitting -- it likely results in an arrest, often for a public nuisance violation.
I just don't buy the argument that prohibiting public nudity "threatens individual rights and freedoms protected by the Bill of Rights" as stated by Golden. And I agree with Boulder city officials who state: "Public displays of nudity at events and in crowds have the tendency to create a crowd mentality that can lead to other law-enforcement problems. If left unchecked, these issues will often lead to other disorder-type crimes, as the crowd believes that disorder is the norm, especially in circumstances where alcohol is consumed."
At the other extreme, in our zeal to prevent another child from being molested, we are throwing the sex offender label at anyone who is convicted of any sex crime, no matter how minor. In Colorado, as in many other states, conviction of an indecent exposure crime was added to the list of those having mandatory sex offender registration. The list also includes things like child molestation, abduction and rape. And registration is for life. Giving streakers and rapists the same label is absolutely irrational.
The idea of a sex offender registry is that those identified can't be rehabilitated and therefore pose a danger to the public. And, logically, alerting an ex-con's neighbors and potential employers is a reasonable thing to do. Imagine that you had a toddler in a neighborhood with a repeat child molester living a few doors down. Or that you owned a day care, or ran a youth camp and were hiring help. You would like to know if you were making the children in your care accessible to a predator.
Adding streakers' names to the registry is ridiculous for two reasons. First, it isn't fair to the offender to have to live with such a shameful -- not to mention, inaccurate -- tag, forever. Second, because so many convicted of minor crimes are being added to the registry, the label is rapidly losing its significance. Nationwide, the sex offender registry is approaching 1 million people. But only a fraction of those are dangerous.
But a reasonable resolution may be within sight. If either of two different legislative measures -- one now in the Colorado General Assembly and one being considered by Boulder City Council -- becomes law, Boulder Police will finally have a reasonable way to deal with naked pranksters.
Boulder County District Attorney Stan Garnett is currently working with the state legislature to change the Public Indecency law to include Naked Pumpkin Run-type activities. As a result, such behaviors would be prosecuted under the Public Indecency statute -- a petty offense, most likely resulting in just a fine -- instead of the Indecent Exposure one, a class 1 misdemeanor, which requires registration. Garnett foresees little opposition to the passage of the measure.
On the city level, Boulder Police Chief Mark Beckner has helped write an ordinance that would allow the streakers to be prosecuted under the to-be-revised nudity ordinance. According to Chief Beckner, this change will reduce inequities in current law enforcement and bring some much needed common sense.
The ACLU thinks this is a step back to the Victorian era, where women had to cover their legs. Not to worry.
Thankfully there is a middle ground, between condoning public nudity and labeling pranksters as incurable. Let's encourage our elected officials to do the right thing. I bet it's even possible for us to do that without stripping down. ..Source.. Charlie Danaher
December 22, 2008
CO- More pumpkin runners take plea deal
12-22-2008 Colorado:
5 streakers plead to disorderly conduct
Five more of the streakers ticketed with indecent exposure after running down the Pearl Street Mall on Halloween wearing nothing but pumpkins on their heads accepted plea bargains with the court Monday.
That means half of the 12 naked pumpkin runners have now agreed to plead guilty to disorderly conduct, a petty offense, accept a six-month deferred sentence. The original charge, indecent exposure, carries mandatory registration as a sex offender.
Last week, assistant district attorney David Cheval, who is prosecuting the cases, said that all the naked runners will likely be offered the same deal, but it's up to each individual to accept it.
Two of the defendants may have their ability to plead complicated by other recent offenses. Robert Mohr, 28, is already serving a deferred sentence for second-degree criminal tampering, and Kevin Maddaford, 29, is also facing separate charges for driving while ability-impaired. ..News Source.. by Laura Snider
November 7, 2008
CO- Sex charge worries streaker
11-7-2008 Colorado:
Now that the general election's over, let's get on to more important matters: Justice for the Pumpkin 12.
Recent University of Colorado graduate Eric Rasmussen, 23, is among the 12 runners ticketed Halloween night for indecent exposure after running naked with a wobbly orange squash on their heads along the Pearl Street Mall in Boulder.
If convicted, he and 11 others could be required to register as sex offenders. Like many of the Pumpkin 12, he is finding a lawyer.
Rasmussen said it was his first time streaking. He had a great time - until he saw 12 police awaiting him and 150 other naked people at the courthouse.
The officers gave Rasmussen, who hails from suburban Chicago, time to get dressed before recording his vitals.
"I was thinking a minor fine or community service or something," Rasmussen said Wednesday. "I was not thinking of sex offender."
Now, he's scared. You can hear it in his voice.
"I was under the assumption there would be safety in numbers - it didn't occur to me that it would be OK for the police just to take 12 people and disregard the other couple hundred."
Rasmussen, who wants to pursue a career in public relations, is hopeful the charge won't stick, since he doesn't believe anybody was offended by his nudity - except perhaps, the police, who signed his citation as witnesses.
"The lawyers I've spoken to have tried to convince me it won't go that far," he said. "They don't think a judge would want to have 12 people hurt for the rest of their lives because of this act when nobody was really offended."
He and nine others go to Boulder County Court on Dec. 17; two others will appear Jan. 12.
Those cited include Oleg Abramov, 30; Carly Howett, 29; Erika Barth, 32; Ty Tuff, 28; Natalie Ziemba, 20; Scott Wisdom, 21; David Packert, 23; Robert Mohr, 28; Matthew Bruce, 27; Kevin Maddaford, 28; Sabrina Collins, 44.
In Boulder, the 10th annual Naked Pumpkin Run is a hot issue. The core question: Should these 12 face punishment?
Denver legal analyst and trial lawyer Scott Robinson said people should think twice before disrobing in public. A pumpkin can't save you, although a prosecutor just might.
"(Prosecutors) generally view a streaker as somewhat different than the individual who exposes himself to another for sexual gratification," Robinson said. "But there is good reason not to take off your clothes and put a pumpkin on your head. You may as well wear a sign on your head that says, 'Arrest me.' " ..News Source.. by Julie Poppen, Rocky Mountain News
November 6, 2008
MN- Obama party includes a naked digression
11-6-2008 Wisconsin:
Call it naked enthusiasm. At 12:30 a.m. Wednesday, Jason Spidle, Bobby Becker and friends were celebrating Barack Obama's victory at Spidle's place in south Minneapolis. The champagne was flowing when the two made a decision they'd regret later.
"We had finished watching Obama's acceptance speech, and we were drinking champagne and cheering, and my friend Bobby and I just randomly decided we should go streaking," Spidle said. "We invited other people, but nobody took the opportunity."
So the two men, both in their mid-20s, stripped off their clothes and ran a block to 22nd and Lyndale Avenue S. From there, they turned south and headed for 24th Street, whooping and yelling, "Obama!"
They crossed the street and gave a shout-out to patrons on the patio of Leaning Tower of Pizza. 'They cheered and hollered and gave us high-fives, and we returned home to a lot of horn-honking," Spidle said.
About 100 yards from home, they were stopped by a police officer and trundled into the back seat of his squad car while he wrote up a citation.
"He'd had 'Cops' -- the show's -- producer in his car earlier that day," Spidle said, adding that it was too bad for the show that the producer had missed them, but probably good for him and Becker.
Spidle and Becker were issued citations and sent home.
"We were still whooping it up," he said. "[The officer] gave us a horn-honk, too, I think."
Now the two have to go downtown for a court date. There will be a hearing and probably a fine. What do they have to say for themselves?
"I think Barack Obama would be pleased with our excitement," Spidle said, "but maybe not with how we decided to display our excitement."
The vast majority of Minnesota Obama supporters who poured into the streets did so fully clothed, dancing and singing in the streets, honking car horns and punctuating the night with fireworks.
Around 10:30 p.m. Tuesday, Somali immigrants spilled out onto Cedar Avenue in Minneapolis to began an impromptu celebration. University students and other neighborhood residents joined in. The party went on well into Wednesday.
Across the river, cheers erupted as people spilled out of the Bob Dylan concert at Northrop Auditorium. Larry Turner of St. Paul ignited the crowd with his drum beats, which echoed for blocks around campus.
A more conventional celebration was planned for Wednesday night at New Salem Baptist Church in Minneapolis, where the Rev. Jerry McAfee extended an open invitation for prayer and gospel music. ..News Source.. by Staff writers Allie Shah, Lora Pabst and Mary Lynn Smith contributed to this report. Maria Elena Baca • 612-673-4409
June 22, 2008
PA- Streaker’s legal fight bringing notoriety
See also here and here
6-22-2008 Pennsylvania:
Elizabeth Burke never wanted her 15 minutes of fame like this.
But since the 20-year-old English major from Jamison decided last week to fight the open lewdness charge filed against her by Penn State police stemming from the annual “Mifflin Streak,” she has been fielding interview requests from the press and answering a long list of text messages and telephone calls offering support.
Burke was arrested along with seven male students during this year’s edition of the “Mifflin Streak,” which takes place late at night the
weekend before spring finals. It’s a tradition that goes back decades.
“I’m not trying to make too much of a statement with this,” Burke said. “I’m fighting this because I believe the charge is wrong.”
Burke was charged with the misdemeanor criminal offense of open lewdness, which would not look good when future employers check her background. To be convicted of open lewdness, the commonwealth would have to prove her behavior, in this case, streaking, “affronted or alarmed” someone.
Burke and her attorney, Stacy Parks Miller, argue that no one was affronted or alarmed by her naked run that night. It happened just after midnight May 5, through a 50-foot human tunnel of male and female students on Mifflin Road packed together specifically to see the streakers, they argue.
So, they ask, who was affronted or alarmed?
“It was just a harmless bit of fun and the charge doesn’t apply to the situation,” Burke said. “It just doesn’t apply.”
She was at the “Mifflin Streak” after a spur-of-the-moment conversation with a friend. She wound up a participant the same way, in a spur-of- the-moment, once-in-a-lifetime moment of youthful exuberance.
And she got arrested. When Burke first broke the news to her parents, they laughed about it and chalked it up to a youthful misadventure. They told her she’d have to pay whatever fines she received and do community service.
But then she got the official charges, a misdemeanor criminal offense of open lewdness and a summary disorderly conduct.
They were stunned to learn she would need a criminal defense attorney for what she thought was nothing more than a couple of seconds of silliness to blow off steam before finals.
“That’s when they started to lose their sense of humor,” Burke said of her parents.
She also had to have her mugshot and fingerprints taken for police databases.
Burke now fears her dreams of studying abroad in Rome in the fall are dashed, because a criminal record may prompt Italian authorities “to say, ‘No, we don’t want you here,’ ” she said. So Burke retained the services of Parks Miller, who has a reputation for courtroom tenacity, and the two began their battle last week.
The charge against Burke was bound over for trial after District Judge Thomas Jordan found enough evidence that a crime may have been committed for her to stand trial. But in a rare move at the preliminary hearing level, Jordan had to deliberate for a time before ruling.
Next, Parks Miller said she will file motions in Centre County Court asking a judge to dismiss the charge. Parks Miller said the Centre County District Attorney’s Office cannot offer anyone to say they were “affronted or alarmed” by Burke’s streak and therefore, it must be dismissed.
Parks Miller stressed that she is not arguing that all streaking is acceptable and, if this had happened in downtown State College in broad daylight, she would not be making this argument. But Burke’s incident is unique and the charge against her does not apply, Parks Miller said.
Until a ruling is handed down, Burke is dealing with her accidental celebrity that began after her case was reported in the Centre Daily Times.
“I had absolutely no idea it was going to cause such a ruckus,” she said. “There was a TV news crew outside my house when I got home. I gave an interview in the drive. I’m getting texts from people I haven’t heard from since high school.”
She’s also taken solace in the groundswell of support she’s received from the Penn State, Centre County and her hometown communities. She has read the more than 15 pages of comments that piled up below her story on CentreDaily. com and even posted a “thank you” to well wishers.
“I love that I have so much support from people,” Burke said. “I’m pretty excited the community has come out and supported me and said this was just a bit of harmless fun. We didn’t hurt anyone or offend anyone.”
But if she had to do again, Burke said she would have kept her clothes on that night. A friend told her the police were there only to make sure streakers did not leave that tightly contained area.
“I guess I should have checked my sources. Knowing the ruckus it would cause, and I meant no disrespect to the community or Penn State, but if I had known the police were quite serious about coming down on this and arresting people, I wouldn’t have done it,” she said.
Burke’s prosecutor, Assistant District Attorney Steve Sloane, was not in the office Friday afternoon and his cell phone went to voice mail, which was full.
But last week, he and District Attorney Michael Madeira said that youthful indiscretion or not, the law is the law and they are sworn to uphold it.
It does not matter that perhaps no one at the Mifflin Streak that night was offended, Sloane said. The chance was there that someone may have happened upon the scene and been affronted by the conduct, Sloane said.
Authorities cannot simply surrender a section of public street to lawlessness once a year before spring finals, Madeira said.
Of the eight people arrested at this year’s streak, Burke is the only one so far to fight the open lewdness charge.
The others have accepted plea bargains or sought entry into a first-time offenders program that will eventually see the charges dismissed and expunged from their records. One other has not yet had a preliminary hearing. ..News Source.. by Pete Bosak
Subscribe to:
Posts (Atom)
