Ch. 10 Sexual Exposure or Surveillance Flashcards
Can Lude and Lascivious conduct be committed by words alone?
Yes
What law covers consensual sex in public
Lewd and lascivious
Lewd and lascivious can asking for public
sexual contact
Chapter section for lude and lascivious
272/53
Does lude and lascivious have to occur in public
Yes
lude and lascivious is a sexual act involving what body parts
Genitals, buttocks, female breasts
Right of arrest lude and lascivious
Arrest in presence
Does lude and lascivious have to be intended to occur public or is it sufficient that it just occurred in public?
Intended
Chapter in section for annoying and accosting
272/53
Does annoying and accosting have to occur in public
No
Sexual disorderly conduct is referred to as
Annoying and accosting
Does. annoying and accosting have to be directed at a certain person
Yes
For annoying and accosting, does the victim have to be aware of the suspects actions?
Yes
Annoying and accosting has to be sexually offensive to a reasonable person. This means it caused (3)
Real Displeasure
Anger
Resentment
Behavior or language that involved either fighting or violence, creating a hazardous condition, something physically offensive that amounted to an invasion of privacy, or threats that would make a reasonable person fearful are prohibited acts in what law
Annoying and accosting
Right of arrest for annoying and accosting
Arrest in presence
Does annoying and accosting have to occur in public or private
Either
What are the two differences between annoying and accosting and disorderly conduct?
Annoying and accosting can be public or private and has to involve sexual overtones
For annoying and accosting does a suspect have to intend to be offensive
No
Peeping Tom should be charged as
Disorderly conduct
Chapter and section for indecent exposure
272/53
Right of arrest for indecent exposure
Public-
Private-
Public -arrest in presence
Private- complaint
Does indecent exposure have to occur in public or private?
Either
In addition to offending the victim, indecent exposure has to involve a suspects conduct being ______ ______
Objectively offensive
Indecent exposure covers what body parts
Genitals only
For indecent exposure does a victim have to experience alarm or shock
No
Offensive behavior that does not qualify for open and gross or indecent exposure could be charged as
Disturbing the peace
Does the victim have to be offended for indecent exposure?
Yes
Chapter and section for open and gross lewdness
272/16
Open and gross criminalizes a more aggravated version of
Indecent exposure
Open and gross covers what body parts
Genitals, buttocks, female breasts
For open and gross does the victim have to experience alarm or shock?
Yes
Right of arrest for open and gross
Felony
Four ways that open and gross is different from indecent exposure
- Felony
- Public
- Genitals, buttocks, breasts
- Victim must experience shock/alarm
A male streetwalker who held himself out to the public as female committed ________ when he flashed his female breasts to two young boys on the street
Open and gross
Are see-through clothing sufficient for open and gross
Yes
Indecent exposure in front of children is typically charged as
Open and gross
What is the difference for open and gross against a child?
It’s covered in public or private
A groundskeeper at the mall walked into the bathroom and observed two men in front of a urinal performing oral sex. What could the men be charged with?
Open and gross
A salesman that exposed himself in a private home to children could be charged with
Open and gross
Even though open and gross directed at children may occur in private you still have to show
The children experienced shock or alarm
Does calling 911 indicate a victim was shocked or alarmed
Yes
Is an expression of disgust followed by a report to someone, or being too shocked to report, sufficient for opening gross
Yes
A man in the park flashed his penis to two 15-year-old girls. How many counts of open and gross should he be charged with?
1
Open and gross can have a lesser charge of indecent exposure if
The suspects conduct involved displaying genitals
Chapter and section for secret sexual surveillance
272/105
There are two types of elements for secret sexual surveillance. The first is the secret videotaping or photographing. The second is:
Dissemination
Right of arrest for secret sexual surveillance
Making secret video-
Disseminating-
Making secret video- arrest on PC
Disseminating- felony
Surveillance of changing rooms need a ______ posted sign at all entrances and inside any changing room that warns customers of surveillance
Conspicuously
Who may issue orders to restrain or prevent the unlawful dissemination of a persons visual image
Justice of Superior Court
Justice of District Court
Up skirting law applies to people in
Public
The number of charges for secret sexual surveillance depends on
The number of people secretly videotaped
