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RE: Update on the man arrested for being naked in his o... - 1/7/2011 2:25:08 PM   
ricken


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With out being a lawer....To me there is no issue of privacy here. This guy is IN a window, to me that is a public display. He isn't in the middle of no place, he lives in a city of some sort with people and traffic in close proximity.
As far as it goes think about this extreme example, stand inside your home with a high powered rifle pointing at poeple as they go by, see how far that gets you. Or would you ignor someone doing that because they have a "right" to privacy?
Or write the words "fuck you" in big letters on your window and see what happens.
here in Chicago, some of the display windows in the gay area got told to "tone down" some of the displays, no one HAS to look, but you can't avoid seeing some stuff if it's in a window, at eye height

(in reply to Termyn8or)
Profile   Post #: 61
RE: Update on the man arrested for being naked in his o... - 1/7/2011 3:15:00 PM   
RapierFugue


Posts: 4740
Joined: 3/16/2006
From: London, England
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quote:

ORIGINAL: Jaybeee
They say an Englishman's home is his castle

They say wrong then, at least as far as the law is concerned.

quote:

ORIGINAL: Jaybeee
, and during the warmer months I commonly strut around the place without a stitch. I have a nosy neighbour next door, some 50yr old housewife whom I've noticed peering through her cove window into mine. I have net curtains like most people, BUT if she sees me sporting a hard-on through them, good luck to her.

The fact you have taken "reasonable precautions" (your nets) to ensure your privacy, and further ensure others are not exposed (heh) to anything they should not be, is all the indication a court would need to find in your favour.

The exception would be if, having fitted nets, you then also fitted spotlights to make your naked form stand out when viewed through them (the nets).

quote:

ORIGINAL: Jaybeee
All this really depends on the law, and it's an interesting dilemma. I presume it falls on the side of "common" sense, ie if you take all reasonable precautions to shield the antics in your home from view, then nobody can hassle you.


Not quite right, but yes, mostly; what "the law" in the UK is looking for is you taking "reasonable precautions" to ensure your naked form (which BTW you have no right to show in public, even if there's no-one around to see it) does not present a "viable threat" to the decency of others. Assuming you have done that, then it's largely down to everyone else to not make a fuss.

Faced with the same conditions as this case in the UK, i.e. parading naked in clear view (and by “parading” they would mean moving around while clearly understanding that the other party could view them) and also making noises to potentially attract people to view the subject, a UK court would have found against the defendant.

(in reply to Jaybeee)
Profile   Post #: 62
RE: Update on the man arrested for being naked in his o... - 1/7/2011 3:50:45 PM   
Jaybeee


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quote:

ORIGINAL: RapierFugue


quote:

ORIGINAL: Jaybeee
They say an Englishman's home is his castle

They say wrong then, at least as far as the law is concerned.

quote:

ORIGINAL: Jaybeee
, and during the warmer months I commonly strut around the place without a stitch. I have a nosy neighbour next door, some 50yr old housewife whom I've noticed peering through her cove window into mine. I have net curtains like most people, BUT if she sees me sporting a hard-on through them, good luck to her.

The fact you have taken "reasonable precautions" (your nets) to ensure your privacy, and further ensure others are not exposed (heh) to anything they should not be, is all the indication a court would need to find in your favour.

.


(edited) Oh that wouldn't even reach court at all.


quote:

Not quite right, but yes, mostly; what "the law" in the UK is looking for is you taking "reasonable precautions" to ensure your naked form (which BTW you have no right to show in public, even if there's no-one around to see it) does not present a "viable threat" to the decency of others.


Well, that's not going to stop me screwing al fresco. And no, my girlfriend's name is not Alison Fresco!! (dodges rotten fruit)

quote:

Assuming you have done that, then it's largely down to everyone else to not make a fuss.


They better damn well hadn't, too.



< Message edited by Jaybeee -- 1/7/2011 3:54:59 PM >


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Profile   Post #: 63
RE: Update on the man arrested for being naked in his o... - 1/7/2011 4:00:46 PM   
RapierFugue


Posts: 4740
Joined: 3/16/2006
From: London, England
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quote:

ORIGINAL: Jaybeee
Well, that's not going to stop me screwing al fresco.

While not, on a personal level, giving a flying fuck (as it were) about your horizontal jogging habits, you should be aware that, if you were to be caught doing that in either a public place, or a private place that was viewable by the public "with relative ease", then the rozzers would be entirely within their rights to feel your collar (as it were).

As your legal advisor, I recommend caution and careful reconnaissance.

That is all.

(in reply to Jaybeee)
Profile   Post #: 64
RE: Update on the man arrested for being naked in his o... - 1/7/2011 4:19:53 PM   
tazzygirl


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http://legallad.quickanddirtytips.com/nudity-in-public-places.aspx



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Profile   Post #: 65
RE: Update on the man arrested for being naked in his o... - 1/7/2011 4:25:43 PM   
Jaybeee


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quote:

ORIGINAL: RapierFugue


quote:

ORIGINAL: Jaybeee
Well, that's not going to stop me screwing al fresco.

While not, on a personal level, giving a flying fuck (as it were) about your horizontal jogging habits, you should be aware that, if you were to be caught doing that in either a public place, or a private place that was viewable by the public "with relative ease", then the rozzers would be entirely within their rights to feel your collar (as it were).

As your legal advisor, I recommend caution and careful reconnaissance.

That is all.


Why thank you, Counsellor!! I remember back in my days as a young man (well, a youngER man anyway) I was having a backseat game of "Let's make the car bounce", when I should have been in lectures with the young lady directly beneath me. Copper tapped on the window, luckily the side where he wasn't treated to a ringside view of my ringpiece, and asked us to kindly cease and desist.

He let me off an walked away, muttering "Summat bout that bloody college turns 'em all into right randy beggars".

But anyway, worry not, I always ensure I know how long it takes for a patrol car to get from the main road to the parking area where the hikers ramble.

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(in reply to RapierFugue)
Profile   Post #: 66
RE: Update on the man arrested for being naked in his o... - 1/7/2011 4:36:15 PM   
RapierFugue


Posts: 4740
Joined: 3/16/2006
From: London, England
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quote:

ORIGINAL: Jaybeee
But anyway, worry not, I always ensure I know how long it takes for a patrol car to get from the main road to the parking area where the hikers ramble.

Good man.

As your legal advisor, I advise you to start drinking heavily*

*since you missed the joke the first time around. I mean, FFS, you'd think Hunter S Thompson hadn't died for our sins!**
**well ok, to be 100% fair, he died for his sins, but he would have taken ours on board too if we'd have let him ...

(in reply to Jaybeee)
Profile   Post #: 67
RE: Update on the man arrested for being naked in his o... - 1/7/2011 4:48:34 PM   
Jaybeee


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Joined: 2/2/2010
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quote:

ORIGINAL: RapierFugue


quote:

ORIGINAL: Jaybeee
But anyway, worry not, I always ensure I know how long it takes for a patrol car to get from the main road to the parking area where the hikers ramble.

Good man.

As your legal advisor, I advise you to start drinking heavily*

*since you missed the joke the first time around. I mean, FFS, you'd think Hunter S Thompson hadn't died for our sins!**
**well ok, to be 100% fair, he died for his sins, but he would have taken ours on board too if we'd have let him ...


Mate, it's been a hard, long first week of the year. I am perfectly happy to admit my complete and utter ignoramusness in this matter and confess to having nul points idea who this Thompson fellow is.

And as with every year with me, it's Booze-Free January, though I daresay I'll be gagging for a pint by Week 4....

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Profile   Post #: 68
RE: Update on the man arrested for being naked in his o... - 1/7/2011 4:53:32 PM   
RapierFugue


Posts: 4740
Joined: 3/16/2006
From: London, England
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quote:

ORIGINAL: Jaybeee
Mate, it's been a hard, long first week of the year. I am perfectly happy to admit my complete and utter ignoramusness in this matter and confess to having nul points idea who this Thompson fellow is.

<shocked>

Do you like reading? Or are you a video-only person? If you enjoy reading, I can recommend a couple of things I think you'll like.

(in reply to Jaybeee)
Profile   Post #: 69
RE: Update on the man arrested for being naked in his o... - 1/7/2011 5:02:06 PM   
mystickoolaid


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Joined: 11/15/2008
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Where I used to live, my neighbors clear across the street were fat... not like... a little overweight, we are talking disgustingly, boobs down to HIS knees, morbidly obese. The kind of people who stink all the time because of dirt and bacteria being trapped in their meat folds. They had dogs... more than a couple... that liked to tear the blinds down in their room. Apparently, neither one of them had a problem replacing the blinds, or walking around/STANDING in front of them when they were torn to shreds, completely and totally naked.

I have NO problem with people doing their own thing, in the privacy of their own home, behind closed doors and/or blinds. HOWEVER, I have a major problem getting an eyeful of fat, gross, naked neighbors when I am sitting on my front porch smoking, minding my own business, and happen to glance across the street... ESPECIALLY when my kids bedroom windows are like 40ft closer to the street than the porch, and I can clearly see what is going on from my porch roost.

In Indiana, the laws state that anything like that going on in your house, that can be seen from the sidewalk in front of your house (or farther) is indecent.

(in reply to tazzygirl)
Profile   Post #: 70
RE: Update on the man arrested for being naked in his o... - 1/7/2011 5:05:41 PM   
RapierFugue


Posts: 4740
Joined: 3/16/2006
From: London, England
Status: offline

quote:

ORIGINAL: mystickoolaid

Where I used to live, my neighbors clear across the street were fat... not like... a little overweight, we are talking disgustingly, boobs down to HIS knees, morbidly obese. The kind of people who stink all the time because of dirt and bacteria being trapped in their meat folds.

<FX: BARF>

(seriously though, I was enjoying a couple of biscuits, and put the second one down when I read that)

quote:

ORIGINAL: mystickoolaid
In Indiana, the laws state that anything like that going on in your house, that can be seen from the sidewalk in front of your house (or farther) is indecent.

And, I would hope, anywhere even remotely civilised would feel the same way.

(in reply to mystickoolaid)
Profile   Post #: 71
RE: Update on the man arrested for being naked in his o... - 1/7/2011 6:03:23 PM   
DesFIP


Posts: 25191
Joined: 11/25/2007
From: Apple County NY
Status: offline
quote:

ORIGINAL: rulemylife


I'm not sure what you mean by that.

I have a reasonable expectation of privacy in my own home.

I have no duty to ensure that someone who is looking into my home does not see something they find offensive.

Being that the facts involved here have been pretty limited, we really don't know exactly what took place.  If he did it intentionally for some type of sexual exhibitionism then yes, that would change things.

But I'm assuming that someone who was doing it for that purpose and received lenient treatment by the court would not be appealing the ruling.

This seems to be more a matter of someone who believes he did nothing wrong and is appealing based on principle.





Your assumption that he wasn't doing this for the purpose of exposing himself is what's incorrect here. You would think he would be grateful to get a one year suspended sentence. Obviously he's hoping to get the sentence overturned so he can return to flashing from his own home legally.

I don't have a link to the original articles printed at the time of the arrest, but I have a clear recollection that he followed them from window to window to make sure they couldn't possibly miss the sight of him waving his willie at them. With that, and the fact that there's a school bus stop directly opposite where children looking up would see him pressing himself to the window, it is no longer him sitting peacefully in front of the tv pantless. He wasn't just walking around the house naked, he was up against the windows in different rooms in order to expose himself and making noise to attract attention when he wasn't noticed.


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Profile   Post #: 72
RE: Update on the man arrested for being naked in his o... - 1/7/2011 6:18:27 PM   
pahunkboy


Posts: 33061
Joined: 2/26/2006
From: Central Pennsylvania
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quote:

ORIGINAL: mystickoolaid

Where I used to live, my neighbors clear across the street were fat... not like... a little overweight, we are talking disgustingly, boobs down to HIS knees, morbidly obese. The kind of people who stink all the time because of dirt and bacteria being trapped in their meat folds. They had dogs... more than a couple... that liked to tear the blinds down in their room. Apparently, neither one of them had a problem replacing the blinds, or walking around/STANDING in front of them when they were torn to shreds, completely and totally naked.

I have NO problem with people doing their own thing, in the privacy of their own home, behind closed doors and/or blinds. HOWEVER, I have a major problem getting an eyeful of fat, gross, naked neighbors when I am sitting on my front porch smoking, minding my own business, and happen to glance across the street... ESPECIALLY when my kids bedroom windows are like 40ft closer to the street than the porch, and I can clearly see what is going on from my porch roost.

In Indiana, the laws state that anything like that going on in your house, that can be seen from the sidewalk in front of your house (or farther) is indecent.


Why not take them to Disneyland?

(in reply to mystickoolaid)
Profile   Post #: 73
RE: Update on the man arrested for being naked in his o... - 1/7/2011 7:57:21 PM   
mystickoolaid


Posts: 519
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Who? The neighbors? I'm pretty sure that all the rides there have weight limits, and probably some sort of clothing requirements as well.

(in reply to pahunkboy)
Profile   Post #: 74
RE: Update on the man arrested for being naked in his o... - 1/7/2011 8:06:11 PM   
mystickoolaid


Posts: 519
Joined: 11/15/2008
Status: offline

quote:

ORIGINAL: mystickoolaid

Where I used to live, my neighbors clear across the street were fat... not like... a little overweight, we are talking disgustingly, boobs down to HIS knees, morbidly obese. The kind of people who stink all the time because of dirt and bacteria being trapped in their meat folds.


quote:


<FX: BARF>

(seriously though, I was enjoying a couple of biscuits, and put the second one down when I read that)



Sorry about that!! =/

< Message edited by mystickoolaid -- 1/7/2011 8:07:26 PM >

(in reply to RapierFugue)
Profile   Post #: 75
RE: Update on the man arrested for being naked in his o... - 1/8/2011 1:32:49 AM   
Jaybeee


Posts: 532
Joined: 2/2/2010
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quote:

ORIGINAL: RapierFugue


quote:

ORIGINAL: Jaybeee
Mate, it's been a hard, long first week of the year. I am perfectly happy to admit my complete and utter ignoramusness in this matter and confess to having nul points idea who this Thompson fellow is.

<shocked>

Do you like reading? Or are you a video-only person? If you enjoy reading, I can recommend a couple of things I think you'll like.


Do tell. My tastes in reading are quite rare, which is odd in and of itself as I haven't read much since College, and most of that was Ludlum. When the Net toddled along in the late 90's, I started Yahoo searching and found all the short stories I'd ever need, and when I get time, FanFiction.net does it for me (although there are so many fucking schoolgirl authors it's grating), and another site that feeds a specialist fetish of mine which might surprise a lot of the girls around here.

If I have one regret about my 20's it's not that I didn't read enough. Not that I partied too hard, or worked too much etc etc, just that for zero reason at all, I ignored a gigantic source of entertainment, and due to pressure of time, still do. About the only exception was when a 45 y.o mate of mine lent me 'Fever Pitch', by Nick Hornby in 1995, which I accepted despite vehement protestations that I wasn't a bookworm, but I nonentheless found a sweetly insightful delight.

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Profile   Post #: 76
RE: Update on the man arrested for being naked in his o... - 1/8/2011 4:19:16 AM   
RapierFugue


Posts: 4740
Joined: 3/16/2006
From: London, England
Status: offline

quote:

ORIGINAL: Jaybeee
Do tell. My tastes in reading are quite rare, which is odd in and of itself as I haven't read much since College, and most of that was Ludlum. When the Net toddled along in the late 90's, I started Yahoo searching and found all the short stories I'd ever need, and when I get time, FanFiction.net does it for me (although there are so many fucking schoolgirl authors it's grating), and another site that feeds a specialist fetish of mine which might surprise a lot of the girls around here.

If I have one regret about my 20's it's not that I didn't read enough. Not that I partied too hard, or worked too much etc etc, just that for zero reason at all, I ignored a gigantic source of entertainment, and due to pressure of time, still do. About the only exception was when a 45 y.o mate of mine lent me 'Fever Pitch', by Nick Hornby in 1995, which I accepted despite vehement protestations that I wasn't a bookworm, but I nonentheless found a sweetly insightful delight.

I shall email you then. 2 ticks.

(in reply to Jaybeee)
Profile   Post #: 77
RE: Update on the man arrested for being naked in his o... - 1/8/2011 4:59:49 AM   
kalikshama


Posts: 14805
Joined: 8/8/2010
Status: offline

quote:

ORIGINAL: Jaybeee


Do tell. My tastes in reading are quite rare, which is odd in and of itself as I haven't read much since College, and most of that was Ludlum. When the Net toddled along in the late 90's, I started Yahoo searching and found all the short stories I'd ever need, and when I get time, FanFiction.net does it for me (although there are so many fucking schoolgirl authors it's grating), and another site that feeds a specialist fetish of mine which might surprise a lot of the girls around here.



/dying of curiosity/

(in reply to Jaybeee)
Profile   Post #: 78
RE: Update on the man arrested for being naked in his o... - 1/8/2011 5:33:50 AM   
Jaybeee


Posts: 532
Joined: 2/2/2010
Status: offline

quote:

ORIGINAL: kalikshama


quote:

ORIGINAL: Jaybeee


Do tell. My tastes in reading are quite rare, which is odd in and of itself as I haven't read much since College, and most of that was Ludlum. When the Net toddled along in the late 90's, I started Yahoo searching and found all the short stories I'd ever need, and when I get time, FanFiction.net does it for me (although there are so many fucking schoolgirl authors it's grating), and another site that feeds a specialist fetish of mine which might surprise a lot of the girls around here.


/dying of curiosity/


Strong women. Physically and mentally, but primarily the former. Not the veins-bulging-everywhere kind either, just Amazonian, think Jill Mills in her prime, or any of the WWE gals. Been a fan of them since boyhood.



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Women of the world, submit!

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Profile   Post #: 79
RE: Update on the man arrested for being naked in his o... - 1/8/2011 7:54:30 AM   
rulemylife


Posts: 14614
Joined: 8/23/2004
Status: offline
quote:

ORIGINAL: LadyPact
Instead of you sitting down to watch a porno, let's say you pushed your tv up against your window so it was facing out towards the path that kids were walking to get to the bus stop.  Then, you made sufficient noise to make sure it got other people's attention.  Still not your responsibility?



I do believe I made that distinction earlier, did I not?

But as long as we are on the subject, the path you mentioned was not a public sidewalk. 

In many communities it becomes common for people to walk across their neighbor's properties as a shortcut.  That was the "path" in question, so in essence she was trespassing on his property.



(in reply to LadyPact)
Profile   Post #: 80
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