I’ve always heard of in the context of “Sex Offender Registries don’t work” that anyone can be put on them, including people caught urinating in a bush by an empy road.
Is this true? Has anyone actually been put on a sex offender list for it? What would the crime description be?
According to a Google search for “public urination sex offender list”, yes, apparently it is very well possible indeed - lots of sources.
As is a standard answer with American criminal law–it varies by state. All 50 states and the District of Columbia maintain sex offender registries, however the statutes that govern what offenses will land you on those registries varies considerably from state to state. In most states public urination is not a sex crime and won’t, by itself, land you on a registry. But to urinate in public you also have to basically expose yourself, and indecent exposure is treated as a sex crime warranting registration in some states, depending on various factors. For example in the State of Texas if you expose yourself while urinating and the police officer feels you did so with “reckless disregard” they can charge you with indecent exposure, and if a child was in the vicinity that would result in more serious treatment under their sex offender registry laws.
Something like public urination, in the United States, often falls under significant “officer discretion”, meaning in most states a police officer can treat it as a minor thing or they can escalate it. Often times other factors involved will determine which way it goes. I know plenty of people who have been caught pissing in the corner of an alley or behind a bush by a cop, and simply were yelled at to not do so again. But as a simple matter of law, you can absolutely end up on a registry if you piss in public.
According to Texas.gov the crime of Indecent Exposure states: “A person commits an offense if he exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present who will be offended or alarmed by his act.” I would think that what the OP, and the rest of us would consider public urination wouldeasily be proven to be lacking the “intent to arouse or gratify the sexual desire of any person”.
That said, you’re absolutely right, it always depends on the jurisdiction.
I did a little more digging (emphasis on little), and I found only one real life example of someone having to register as a sex offender after peeing outside, but it requires a massive amount of unproven belief of the guy in question.
According to Juan Matamoros, he was required to register as a sex offender (and eventually convicted of not doing so when he moved to Florida) for just peeing in public.
However, to believe that, you have to take him at his word and not look to deeply at the actual case. In reality, he wasn’t just convicted of public urination, he was actually convicted of “open and gross lewdness”. The newspaper (and I) were unable to obtain the court/police records, but it does appear from a docket report that Juan spun his “just peeing” story at trial to the judge, but was convicted of the worse offense despite his story. In addition, he was sentenced to 2 years in prison for it, which would be shockingly severe for just urinating outside.
So, if you believe the word of the defendant who was convicted of a sexual offense, sent to jail, and registered as a sexual offender that he was just peeing outside, you have one example. However, I don’t believe him, and I’ve been unable to find any other real life examples.
We did this a few years ago, and no one was able to find a clear case. “I was just taking a whiz” seems to be the go to explanation for people exposing themselves, but that doesn’t mean that’s really what happened.
That is a typical state law, but some including my state, have interpreted that to mean that if the intent is to arouse the sexual desire of the person who exposes themselves (as that individual is “any person”), then that counts.
This is GQ, so I’ll not state my opinion of that construction.
I’d be shocked if any court found that “any person” did NOT include the person exposing themselves. I think it would be a bizarre reading to think it doesn’t. So I’m not really sure of your point.
So if I masturbate in the woods of my 100 acre farm with no other person for several miles around, then I am guilty of indecent exposure?
The Tx one above also had this part: “and he is reckless about whether another is present who will be offended or alarmed by his act…”
Are you thinking of a different statute without similar language?
Are you trying to say that you think people who masturbate on a subway train or on the street or in a public park aren’t guilty of indecent exposure because they only intend to arouse/gratify themselves, not the other people around? What would be the point of that law?
Once again, I find myself confounded when I try and figure out what the point of a post of yours is. The issue you seem to be raising with your question is much more about the definition of “exposes” than the intent of the “exposer”.
But to answer your question, I would think that the deciding court would look to
Tarr v. State, where a Texas court stated: “Because there is no statutory definition of expose, we give the word its ordinary meaning: to lay open to view. McGee v. State, 804 S.W.2d 546, 547 (Tex. App. Houston [1st Dist.] 1991, no pet.). Here, the State was only required to prove that appellant s genitals were open to view, not that a person actually saw his genitals. See Wilson v. State, 9 S.W.3d 852, 856 (Tex. App. Austin 2000, no pet.).” I would opine that, given the facts you supplied that since you are on your own property and there is no one for miles, your genitals would not be “open to view” as required by law.
How you got charged with indecent exposure when no one was within miles to see you must be a fascinating story.
I can say definitively that in my state you can’t. There has to be an element of sexual gratification for it so be lewdness. And even then lewdness is not a Megan’s Law statute.
In CA Lawyers advertise their services for it.
Now, sure, if you hire a good lawyer, and all you are doing is peeing, then sure, you will very likely be Not Guilty on any sex charges.
But note that if you hire a good lawyer- many can’t or won’t and I have heard of young ADAs who want to make a name for themselves in pursuing sexual offenders, that will offer the scared hung over dude a deal of no jail time if he just pleads out. So, he does, and viola- he finds himself on the sex offender list.
## Public Urination and Sex Offender Registration
Prosecutors occasionally charge defendants with the crime of indecent exposure or public lewdness. If convicted, these defendants face the onerous duty of registering as sex offenders, a sentence that will follow them for the rest of their lives. Several states allow for such registration, including Arizona (involving minors and repeat crimes), Ariz. Rev. Stat. §13-3821; California, Cal. Penal Code § §314(1)-(2), 290; and Georgia (when done in view of a minor) Ga. Code Ann. § §42-1-12, 16-6-8.
## See a Lawyer
If you’ve been charged with public urination, do not dismiss it as an inconsequential matter. A conviction for lewd conduct or disorderly conduct can have consequences, especially if you are charged again for such a crime and have this on your record. Consider consulting with an experienced, local criminal defense attorney, who will know how such cases are typically handled in the court that will hear your case, and can advise you as to your options. Never speak with the prosecutor or a prosecutor’s investigator without having your lawyer at your side.
3) Urinating in public. At least 13 states require sex offender registration for public urination, according to Human Rights Watch’s comprehensive review of sex offender laws in 2007. In Texas, you can get a ticket if you’re caught urinating in public. However, under Texas law, it’s possible for urinating in public to turn into an “indecent exposure” charge which can turn into a sex offense.
4) Flashing or streaking. You can get arrested for indecent exposure and that can land you on the sex offender registry. Even if you flash breasts or genitals as a joke or go streaking as a dare – those harmless intentions could possibly mean you end up on the sex offender registry.
My limited understanding is, he was probably arrested for something more serious and pled down to public urination.
Yes, to you and others that was a misread on my part. I was thinking of a different statute that applied to other conduct that was in a recent case. Apologies.
I await news reports about the “butt plug exception”.
I think it would depend on whether he’s a shower or a grower.
I always thought it was the other way around: That in many cases that really are indecent exposure (or the like), prosecutors strike a deal with the defendant. Under that deal, the charge is reduced to public urination, and the defendant pleads guilty to that. The prosecutors get an easy case with a guilty plea that doesn’t cause much work for them, and the defendant gets a conviction that won’t land them on a sex offender registry.