Posted by Orin Kerr:
Interesting Legal Issue for Exhibitionists in Alabama:
In Huntsville, Alabama, a lawyer and his girlfriend were arrested and
convicted of indecent exposure for having intimate relations in a
pickup truck parked outside someone's private home. The [1]story in
the Huntsville Times mentions the text of the Alabama indecent
exposure state in passing, and a closer look on Westlaw confirms an
interesting quirk. The law, Ala.Code 1975 ยง 13A-6-68, says the
following:
A person commits the crime of indecent exposure if, with intent to
arouse or gratify sexual desire of himself or of any person other
than his spouse, he exposes his genitals under circumstances in
which he knows his conduct is likely to cause affront or alarm in
any public place or on the private premises of another or so near
thereto as to be seen from such private premises. [emphasis added]
In this case, it is clear that the lawyer and his girlfriend
satisfied the requirement that they have "intent to arouse or gratify
sexual desire of himself or of any person other than his spouse." But
I wonder, what would a court do if the defendants had been married?
Would criminal liability hinge on whether the defendants were generous
lovers?
Thanks to [2]Will Work for Favorable Dicta for the link.
References
1.
http://www.al.com/news/huntsvilletimes/index.ssf?/base/news/1113038166243850.xml
2. http://favorabledicta.blogspot.com/2005/04/professional-wha.html
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