7 results for 'cat:"Public Indecency"'.
J. Emas finds the trial court improperly dismissed a public urination charge against defendant. The city's due process rights were violated when the trial court exceeded its authority and summarily dismissed the city's case against defendant without notice or an opportunity to be heard after a municipal prosecutor did not show up to defendant's first court appearance. The case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: May 15, 2024, Case #: 22-1875, Categories: Due Process, public Indecency
J. Ross affirms a woman's indecent-exposure conviction for exposure of her breasts in a convenience store. Female breasts are "private parts" under Minnesota's indecent-exposure prohibition, apart from a statutory exclusion for breastfeeding. The woman's conduct, directing attention to her breasts and comparing her conduct to her employment at a strip club, also supports the contention that her self-exposure was lewd. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Ross, Filed On: February 5, 2024, Case #: A23-0158, Categories: Sex Offender, public Indecency
J. Miller finds that the trial court properly convicted defendant of child molestation and public indecency. Defendant, a county jail inmate, was caught masturbating during a visit with his girlfriend and their three-year-old daughter. Sufficient evidence was presented to allow the jury to find that defendant masturbated in the child's presence, including evidence that defendant was within three feet of the child in the visitation area. The child molestation statute does not require that defendant's arousal be due to the presence of the child and only requires that defendant was aware of the child's presence at the time he committed the act at issue. Affirmed.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: January 24, 2024, Case #: A23A1675, Categories: Sex Offender, public Indecency
J. Jensen finds that the district court properly entered judgment after a jury found defendant guilty of terrorizing, simple assault on a police officer,
preventing arrest, solicitation of a minor and indecent exposure. Sufficient evidence supported conviction. Affirmed.
Court: North Dakota Supreme Court, Judge: Jensen, Filed On: November 9, 2023, Case #: 2023ND210, Categories: Evidence, Assault, public Indecency
J. Gratton finds the lower court should not have Idaho’s motion in limine based on the similarities between a provision of Idaho Code and another of Spokane Municipal Code. Both laws prohibit lewd sexual conduct in public, and the laws do not need to be highly similar for a court to grant a motion in limine. As a result the misdemeanor will be enhanced to a felony. Reversed.
Court: Idaho Court Of Appeals, Judge: Gratton, Filed On: October 3, 2023, Case #: 49823, Categories: public Indecency
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J. Kunselman finds that the lower court properly sentenced defendant to two months to a year in prison for exposing her breasts to inmates while sitting on the hood of her car outside of Lancaster County jail, where her boyfriend was incarcerated. Defendant failed to suggest that her public, sexually explicit misconduct was not in violation of the open-lewdness statute. Affirmed.
Court: Pennsylvania Superior Court, Judge: Kunselman, Filed On: June 21, 2023, Case #: J-S12007-23, Categories: Criminal Procedure, Sentencing, public Indecency
J. Hodges finds that the trial court improperly overturned a municipal court order dismissing an accusation and an amendment to the citation charging defendant with municipal code violations for exposing and fondling his genitals in public and running from police. A city solicitor tried to upgrade the charges by crossing out the ordinance violations on the citation and typing in state misdemeanor offenses for public indecency and obstruction. The municipal court had no evidence to support the state law charges against defendant and therefore had no authority to bind the case over to the state court. Reversed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: June 8, 2023, Case #: A23A0584, Categories: Criminal Procedure, public Indecency