Chapter 10 Sexual Exposure / Surveillance Flashcards
Lewd and lascivious conduct
Committed or solicited
Sex act (which involved touching the genitals buttocks or breasts)
For Arousal or offense
Public -(committed in or was solicited for a public place: intended public exposure or reckless disregard the substantial risk public exposure )
Warrantless arrested presence in public
Can you charge lewd and lascivious based upon the suspect soliciting commission of a sexual act?
Yes so long is he a list of particular sexual conduct cited in the law
Annoying and accosting
Directed at victim (direct offensive act or language at victim)
Victim awareness
Sexually offensive to reasonable person
Prohibited acts or language : without legitimate purpose to behavior or language involved either:
Fighting or violence,
Creating a hazardous condition
Something physically offensive that amounted to an invasion of privacy
Threats that would make a reasonable person fearful, including inappropriate, sexual explicit language
Warrantless arrest in presence in public
Does the suspect have to intend to be offensive to be charged with annoying in accosting sexually?
No
Only requires the suspect intend to direct his conduct toward the victim
What charges is a peeping Tom?
Disorderly
Indecent exposure
 intentional
Exposed genitals (to one or more persons
Caused offense (to at least one person)
Warrantless arrest in public
Complaint in private
** victim must be offended
Open and Gross Lewdness
Intentional
Expose genitals breast or butt
Public :
Intending public Exposure
Recklessly disregarding a substantial risk of public exposure
Alarm or shock
Person affected -one or more persons were in fact an alarm door, shocked
Felony
** public requirement overlooked when the exposure is directed towards children
Does a call to 911 indicate shock and alarm?
Yes
A police officer may be shocked themselves, but they can never be shocked on behalf of other people
Is open and gross depend on the conduct or the number of people? If one suspect committed one in front of three people, how many counts would they be charged?
One
Secret sexual surveillance
Includes upskirting
Type one: secret videotaping photographing
With intent to secretly conduct the activity, - willfully photograph , video tape , electronically surveillance someone nude or partially nude
Type 2: dissemination
Willfully disseminated the visual image of another knowing the image was obtained by secret videotaping, photography, or surveillance
***Making video warrantless arrest on PC
disseminating Felony
If a suspect videotape the fitting room and 10 people came in how many charges would there be?
10 unit of prosecution is the number of victims taped
