Common 70's Prank = Sexual Offender?

[dgridley]

Streaking, a common prank in the 1970's, may result in a teen being labeled a sexual offender in this recent case from Utah..

PLEASANT GROVE -

A Pleasant Grove teen might face jail time after streaking during the Pleasant Grove High School homecoming pageant.

An 18-year-old student at Pleasant Grove High school is drawing attention from police for running across the stage nude in the school's auditorium.

The teen's name is not being released until an arrest has been made. The man will be charged with lewdness in the presence of a minor, a class A misdemeanor.

Police the charge of lewdness in the presence of a minor stems from the fact that many young children were present in the audience of roughly 800 people.

If the teen is convicted, it is possible he will have to register as a sex offender because he is an adult.

http://www.sltrib.com/news/ci_6960234

What are YOUR thoughts on the matter?

 

[lpstong]

My Momma always said "Think before you speak or Think before you act". This would be a pure example of a moment like this.

Besides even as a prank, there is a time and a place for such things. If there was a possibility of children and or pre teens, and under than yeah, Very, very, Very stupid thing to do.

And yes this is a very conservative area and a small community as well.

 

[dgridley]

I agree it may have been irresponsible but to potentially be labeled a sex offender seems a bit strong IMO. If this had happened in Europe, I suspect they would have laughed and shrugged it off.

Kids these days, at least in some communities, are no longer the innocents we might expect them to be. I'm not making judgment, just commenting on how things have changed.

My Momma always said "Think before you speak or Think before you act". This would be a pure example of a moment like this.

Besides even as a prank, there is a time and a place for such things. If there was a possibility of children and or pre teens, and under than yeah, Very, very, Very stupid thing to do.

And yes this is a very conservative area and a small community as well.

 

[homebuyer]

Simplified Kneejerk Layman's Opinion

The defendant might be charged under the following Utah code. Since the code has "knowingly or intentionally" elements, the defendant's best argument would be that he didn't know there were children under 14 years of age in the audience. Furthermore, he chould argue that his intent was only to do a 70's prank, and not to expose himself to children under 14 years of age.

Of course, if he had been to this type of event before, or witnesses can place him in the audience within view of the under 14 crowd before he disrobed, the prosecution would have an easier job of proving the intentionally and knowingly elements of the alleged crime.

On a more personal note, however offensive his conduct may be to some, the law shouldn't be so quick to treat highschool teens as adults. He may be 18, but he still has a highschooler's maturity and mentality.

Sexual Offenses
Utah Criminal Code

76-9-702.5. Lewdness involving child.

(1) A person is guilty of lewdness involving a child if the person under circumstances not amounting to rape of a child, object rape of a child, sodomy upon a child, sexual abuse of a child, aggravated sexual abuse of a child, or an attempt to commit any of those offenses, intentionally or knowingly does any of the following to, or in the presence of a child who is under 14 years of age:
(a) performs an act of sexual intercourse or sodomy;
(b) exposes his or her genitals, the female breast below the top of the areola, the buttocks, the anus, or the pubic area:
(i) in a public place; or
(ii) in a private place:
(A) under circumstances the person should know will likely cause affront or alarm; or
(B) with the intent to arouse or gratify the sexual desire of the actor or the child;
(c) masturbates;
(d) engages in trespassory voyeurism;
(e) under circumstances not amounting to sexual exploitation of a child under Section
76-5a-3, causes a child under the age of 14 years to expose his or her genitals, anus, or
breast, if female, to the actor, with the intent to arouse or gratify the sexual desire of the
actor or the child; or
(f) performs any other act of lewdness.

(2) Lewdness involving a child is a class A misdemeanor.

Amended by Chapter 302, 1999 General Session

 

[dgridley]

Thanks for the citation.. and I agree. Rep +

The defendant might be charged under the following Utah code. Since the code has "knowingly or intentionally" elements, the defendant's best argument would be that he didn't know there were children under 14 years of age in the audience. Furthermore, he should argue that his intent was only to do a 70's prank, and not to expose himself to children under 14 years of age.

Of course, if he had been to this type of event before, or witnesses can place him in the audience within view of the under 14 crowd before he disrobed, the prosecution would have an easier job of proving the intentionally and knowingly elements of the alleged crime.

On a more personal note, however offensive his conduct may be to some, the law shouldn't be so quick to treat highschool teens as adults. He may be 18, but he still has a highschooler's maturity and mentality.

Sexual Offenses
Utah Criminal Code

76-9-702.5. Lewdness involving child.

(1) A person is guilty of lewdness involving a child if the person under circumstances not amounting to rape of a child, object rape of a child, sodomy upon a child, sexual abuse of a child, aggravated sexual abuse of a child, or an attempt to commit any of those offenses, intentionally or knowingly does any of the following to, or in the presence of a child who is under 14 years of age:
(a) performs an act of sexual intercourse or sodomy;
(b) exposes his or her genitals, the female breast below the top of the areola, the buttocks, the anus, or the pubic area:
(i) in a public place; or
(ii) in a private place:
(A) under circumstances the person should know will likely cause affront or alarm; or
(B) with the intent to arouse or gratify the sexual desire of the actor or the child;
(c) masturbates;
(d) engages in trespassory voyeurism;
(e) under circumstances not amounting to sexual exploitation of a child under Section
76-5a-3, causes a child under the age of 14 years to expose his or her genitals, anus, or
breast, if female, to the actor, with the intent to arouse or gratify the sexual desire of the
actor or the child; or
(f) performs any other act of lewdness.

(2) Lewdness involving a child is a class A misdemeanor.

Amended by Chapter 302, 1999 General Session