Pissing on a wall is not child molestation you officious fucks!

There’s a student worker at the library where I’m employed whom I would describe as a “not particular” student: he’s not particularly bright, not particularly stupid, not particularly nice or not-nice, not particularly cute or not cute, etc… Just sort of a generic skinny frat-boy type that I don’t particularly like or dislike, but I think he’s being royally fucked.

He’s 19 years old. On Halloween weekend he went to a frat-party and got shit-faced on beer and liquor. That certainly isn’t admirable but I doubt any prime-time series has ever been interrupted for a “Special Report: Underage College Kid Gets Drunk” broadcast.

He went outside to talk with some of his buddies. As happens when large amounts of beer are consumed, he soon had to pee. There was a line to get into the frat-house bathroom and he had to go rather urgently, so he went to an empty lot behind the house and whizzed. There was nobody around him, but a cop happened to drive by at just this time.

The cop turned on the blue lights, called him to his car, had him put hands down and spread, and according to the student and at least one witness actually gave him a choice: 50 pushups or arrest. The kid has tendonitis (diagnosed) and was drunk off his ass- he was only able to do about five push-ups before collapsing, so the copper arrested him and took him downtown.

Alright, the part with the push-ups was a bit of assholery, but I can understand the arrest, sort of. It would have to be tough being a cop and being smarted off to by drunk college kids, and I’m familiar with the stats on underaged drinking and driving (though this kid had no intention of driving- he lived a five minute walk from the frat-house and didn’t drive as he knew he was going to drink).

This was the kid’s first offense; I personally would probably have put the fear of God into him, perhaps made him call his parents, and then released him with a warning when he was sober. At most, I would say let him spend the night in jail and then give him a fine and some community service for underage drinking and public intoxication, both of which he was undeniably guilty of. However, in addition to these things the cop charged him with indecent exposure for pissing in the empty lot.

What’s wrong with that, you ask?

Indecent exposure, in the local- ahem- penal code, is a Sexual Offense. This means that, if convicted, the kid will be a Sex Offender and will have to register as such for several years whenever moving into a neighborhood just as if he were a rapist, child molester or pimp. The policeman most definitely knew this and even taunted him about it while he was in jail.

The local prosecutor was asked by a student with the school paper if he actually intended to prosecute this case knowing that this could be the outcome. His response:

Again, I am not condoning underage drinking, but also again- if convicted this kid will have to register as a Sex Offender- essentially his life will be ruined because he got drunk and took a piss!. He didn’t whip his penis out in front of fourth grade Catholic schoolgirls or masturbate in the frozen food aisle of a grocery store- he just relieved himself, the most asexual act imaginable. No women or children were present, the only witness was the cop, none of the other party attendants made a complaint or pressed charges, he just happened to pull it out and pee at a bad time. Worst case scenario: a couple of really innocent kids may have driven by and had their first look at a male member evicting golden stream- I’m pretty sure they’d have recovered.

Incidentally, last month the same cop, who is white and young-ish, made the paper for harassing a group of black male college students because they were- gasp- standing around talking outside of the student cafeteria. There were groups of white students talking outside as well, but he told the black male students that they had to disperse because they resembled drug-dealers. Ironically, it was actually the white students who witnessed this who became insensed and wrote angry letters to the editor about it, stating that they had heard about profiling but this made it real to them.

While I have no sympathy for any reasonable punishment for a dumbass fratboy getting drunk, I think this case is sickening. Luckily for the student his middle-class parents plan to fight this and have hired an attorney, so there is a good chance they will either get the charge reduced or dropped, but were he indigent I’ve almost no doubt he’d get totally railroaded. I know that law enforcement is a thankless and underpaid job, but I honestly think one reason decent officers do not get the respect they deserve is because of power-mad dickheads like this officer and the prosecutor.

Thoughts?

police aren’t always nice?
This is not a surprise eh?

SOmetimes my son, age 11, does this in public (not drunk,mind you).
Would that be illegal?

Fucking pervert!!! Your son shoud be EATING RATS in prison!

:wink:

Oh, God - not Georgia again…

Georgia is part of my heart and soul, but these folks are starting to be embarassing…

yep, it is. indecent exposure is (IME - um , not personal experience mind you, professionally I work w/offenders) a common plea bargain offered from other offenses. Flashing is indecent exposure and is accurately descriibed as a sex offense.

in my state (MI) physical contact (even through clothes) of the buttocks, groin, breasts, thighs is also charged as a sex offense. I agree it’s probably ‘sexual’ in nature, and I agree also that drunken idiots who think it’s funny and ok to pat some strangers ass should have consequences, I disagree that the average person who does that is really some one that the public at large should be afraid of, concerned about and warned against. boorish idiot, yes. predator, not necessarily.

the problem occurs when you’ve got a ‘one size fits all’ mentality and demands from the public to ‘get tough on crime’ and remove judicial discretion (among other stuff).

I’ve also seen on the sex offender registry a woman whos only ‘sex’ offense was running a sex phone line. so, next time you hear about those evil doers on Megans’ lists, keep this in mind.

16-6-8.
(a) A person commits the offense of public indecency when he or she performs any of the following acts in a public place:
(1) An act of sexual intercourse;
(2) A lewd exposure of the sexual organs;
(3) A lewd appearance in a state of partial or complete nudity; or
(4) A lewd caress or indecent fondling of the body of another person.
(b) A person convicted of the offense of public indecency as provided in subsection (a) of this Code section shall be punished as for a misdemeanor except as provided in subsection © of this Code section.
© Upon a third or subsequent conviction for public indecency for the violation of paragraph (2), (3), or (4) of subsection (a) of this Code section, a person shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years.
(d) For the purposes of this Code section only, ‘public place’ shall include jails and penal and correctional institutions of the state and its political subdivisions.
(e) This Code section shall be cumulative to and shall not prohibit the enactment of any other general and local laws, rules, and regulations of state and local authorities or agencies and local ordinances prohibiting such activities which are more restrictive than this Code section.
This is the GA Code, Sampiro. It’s a misdemeanor if it’s his first offense. Punishable by a fine, and I don’t think he can be required to register as a sex offender for it. I could be wrong, depending on which school he is at, and what the actual local law is there. They could charge him under paragraph 3, but hell, this is Georgia. I bet the judge pees on a tree if he’s a man. My guess is that if the prosecutor goes too crazy, it will be thrown out.

Isn’t there something in judicial codes about being fair “to the letter AND TO THE SPIRIT of the law”? Surely that’s not what this law was intended for.

Interestingly, Jaddes’s legal code quot specifically says a “lewd” exposure, not just an “exposure.”

Does “lewd” have a defined legal meaning?

The cop and the prosecutor could be trying to set an example with this kid. Do the locals fuss a lot about the kids being drunk and stupid? Have there been a lot of incidents around town involving the kids lately?

It may not be the exact spirit of the law, but I have to tell you, having caught men whizzing outside before, by a house with one of them there indoor outhouses, I sometimes wonder why people do the things they do.

lewd definition – to be lewd is to be gross and public indecent where the person that is being lewd knows that it will offend or alarm someone else

But it says that it has to be “lewd.” What exactly is the definition of lewd? Maybe something requiring that the person be doing it for sexual purposes of some kind? How can urinating be lewd?

Urinating in public could be (and probably should be, and probably is) a crime in and of itself, but a sex crime that requires registration? That’s pretty ridiculous.

If he does end up going to trial, I wonder if the whole “fifty pushups or arrest” thing could be used to show that the police officer is just being a jerk. If he really thought this kid was a sexual predator who was exposing himself for kinky thrills, would he really have offered to let him go if he could do fifty pushups?

FAQ about Sex Offenders to the GBI:

http://www.ganet.org/gbi/faq.html

Code that details the offenders that must register:

http://www.ganet.org/cgi-bin/pub/ocode/ocgsearch?docname=OCode/G/42/1/12

Unless the local laws are considerably different than the state laws, I think he’s safe.

I hate how a lot of men think they can just whip their dicks out anywhere and piss where ever happens to be convenient. Fuck them. They need some handcuffs slapped on them. Being registered as a sex offender is over the top, but they need to be taught a lesson.

Blalron, the guy in the OP went alone into an empty lot well after dark in order to urinate without offending anyone. I’ve been to enough frat parties to suspect this was actually LESS public than doing it in the bathroom. He did not “piss where ever happens to be convenient.”

Anyway, God has provided us with a darned handy way of losing excess water. It would be a sin to try to second guess His will by making urination more difficult than it need be. :smiley:

On returning from a school outing, little Mary came into the house and announced to her mother, “Boys have the handiest thing for a picnic.”

Then do the kid for underage drinking. Getting him labelled as a sex offender just isn’t useful.

BTW- wouldn’t this have to go all the way through a trial by jury to get to that level? He’ll be able to bargain before, but if he takes it all the way, do you think a jury will convict him for ‘lewd’ behaviour?

-Tcat

A few years ago I went to a football game, and during halftime there was the typical rush to the toilets. Except in this case half the mens bathrooms were closed for repair, and the other half had huuuuge queues.

You’ve never seen such a display of public pissing. It seemed like every dark corner had a man taking a leak, and the cops and rent-a-cops didn’t care one bit.

As I read the code, you have to actually go to PRISON for a sexually related crime to be required to register as a sex offender. To go to PRISON, not the county lockup, you have to be convicted of a felony. this is at best a misdemeanor. (IANAL, but I play one on TV :wink: )

I base this all on what I’m learning in school right now, as a criminal justice major, so there is a chance that my reasoning could be erroneous, but I’m almost sure I’m right. :slight_smile:

My mate got chraged with indecent exposure for the same thing in Dublin. There’s no register, although he did have to go to court and pay a fine.

It seems a bit harsh, but they don’t have anything else to charge them with.