Chapter 10 - Sexual Exposure Or Surviellance Flashcards

1
Q

Lewd and lascivious conduct - ROA and elements

A

In presence

Committed a sex act for sexual gratification or to offend another

In Public or where public exposure is risked

Or

Solicited PUBLIC sex act involving touching in public and intended public exposure or reckless disregard

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2
Q

Does lewd and lascivious behavior apply to soliciting prostitution

A

No

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3
Q

This crime and be solved by a surety which is

A

Defendant agrees to good behavior

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4
Q

Do private parts need to be exposed for lewd and lascivious

A

No- jerking off in car with pants on is good

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5
Q

Solicitation- this crime can be committed soley based on words but what must you prove

A

Sex intended to be in public

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6
Q

Pulling up to someone and stating you have something big hard and juicy for them - good or no good for L&L

A

No good

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7
Q

Sex act with another motorists deep in the woods at a truck stop that is closed and not visible from the road

A

Not L&L

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8
Q

Person jerking off behind a rest stop, seen by 3 people and a trooper

A

Yes

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9
Q

Jerking off in urinal vs private stall

A

Urinal counts, stall is private

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10
Q

Annoying and accosting sexually

A

In presence

Directed at another
Person is aware
Sexually offensive behavior to a reasonable person.

Fighting language, hazard, offensive, threats sexually

Causing displeasure, anger, resentment

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11
Q

Does annoying and accosting have to be in public

A

No, Public or private

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12
Q

What charge do you use for peeping Tom

A

Disorderly

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13
Q

Does the suspect need to intend to be offensive?

A

No

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14
Q

Drunk man boards a train and falls all over a woman, touches her leg and asks for a kiss

A

Good

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15
Q

Telling girls you’re looking for Dick then exposing your ass

A

Goodb

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16
Q

Asking someone on a date 20 times, starting at them, grabbing them and saying you love them

A

Good

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17
Q

Calling a little girl to your car to talk and you get out and tell them to get in

A

Good

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18
Q

Hi nanny then grabbing crotch

A

Good

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19
Q

Staring at a little girl and saying you fell in love with a little girl

A

No good

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20
Q

What is judged differently for annoying and accosting

A

Those with intellectual disabilities

21
Q

Indecent exposure

A

In presence in public - complaint in private

Genitals only

Intentionally expose

At least one person offended

22
Q

For a person to be considered offended what does it have to be

A

Objectively

23
Q

Thong clad buttocks in the street

A

No good but is OG

24
Q

Person walks into liquor store and whips out their Dick, store attendant said they were annoyed but not offended

A

No good

25
Q

Taking out dick to loss prevention to show you didn’t steal anything

A

Good

26
Q

Is breast feeding exempt from IE

A

Yes - only religious instruction or worship can restrict

27
Q

Open and gross

A

Felony

Genitals, butt, breasts(men who identify as women), pubic area, see through clothing

Intentionally

Expose in public or recklessly risk

Cause shock and alarm

One or more person is shocked or alarmed

28
Q

What element of OG can be waived for kids

A

Public

29
Q

Four ways OG differs from IE

A

Felony
Public
May be buttocks, breast, genitals
Shock and alarm

30
Q

See through clothing allow you to see a semi erected penis

A

Good OG

31
Q

Janitor using urinal next to kids from far away and trying to get them to look at his penis

A

Good

32
Q

Exposing penis to children in private home

A

Good

33
Q

Two examples to show shock and alarm

A

911 call
Expression of disgust

Age is never waived for this element

34
Q

Guy exposes penis to kids they think it’s funny not gross, excited and nervous

A

No good

35
Q

True or false - police can be shocked for themselves but not for others

A

True

36
Q

The reaction of shock and alarm must be

A

Objectively reasonable

37
Q

Guys running around with black sock on his penis only

A

Good

38
Q

Naked woman during protest

A

Good- not protected

39
Q

How many charges per incident with multiple victims

A

One

40
Q

Secret sexual surveillance ROA - dissemination of content

A

WPC

Dissemination- felony

41
Q

Type 1 - secret surveillance

A
  • video or photo
  • intent to do so secretly
  • someone in nude or partial nude who is unaware
  • place where privacy is reasonably expected
  • recorded sexual or intimate body parts without knowledge or consent
42
Q

Type 2- dissemination

A
  • knowingly it was secretly taken
  • without consent sending to another
43
Q

Nude covers the following

A
  • genitals, breast, butt, Pubic area, below or above the areola
44
Q

Are clothed sexual parts covered

A

Yes

45
Q

Two times conduct is exempt for sexual surveillance

A
  • changing room with posted signs
  • police their duties
46
Q

What two protections do victims have

A
  • no public inspection of evidence
  • Justice of superior court can make order
47
Q

Taking naked photos of your girlfriend while she sleeps next to you

A

Good

48
Q

Taking photo of a person under the stall, hears click of the camera, police search phone and find nothing but still arrest

A

Good