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061427

Streaker or Sex Offender? Laws Don't Always Differentiate

By OhMyGov! Apr 27 2009, 09:32 AM

The difference between public indecency and indecent exposure may seem trivial to mature, law-abiding adults. But in Boulder, Colo., the free-spirited town home to the University of Colorado, it's a fairly common police matter.

Now, with the rise of sex offender statutes and registries, the distinction could also lead to very serious consequences for a careless prank.

Take the case of Boulder's annual "Naked Pumpkin Run," a bizarre if harmless Halloween antic, where last year a dozen participants were cited for indecent exposure. Colordado's Daily Camera reports that under state law, this is a class 1 misdemeanor and requires registering as a sex offender, whereas the charge of public indecency is a class 1 petty offense, on a par with littering or stealing a book from a library. The public indecency charge doesn't carry sex offender status. 

None of the Pumpkin runners was convicted of the more serious charge. Instead they plead guilty to disorderly conduct, which does not imply any nudity offense.

But the gap between the applicable laws has the ACLU and locals on both sides of the political aisle concerned. They fear excessive and long-lasting punishments for actions that have nothing to do with true sex offenses. They also question whether it's good policy to have the pranksters and other minor offenders (such as people caught urinating in public) charged in a workaround way, leaving record that don't truly reflect the crime.  

"We're dealing with a square peg in a round hole," said Boulder County D.A. Stan Garnett, in an unfortunate metaphor for this topic. He added, "Most people would say people running down the mall with pumpkins on their heads may not be somebody who is at risk of becoming a sex offender in the future."  

 

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COMMENT

Keith Richard Radford Jr
April 27, 2009 1:21 PM

What increase in sex law. Your laws pertaining to sex have no viditidy and are proof you are worhless theives taking from people huddled together to wether the storm that you are. Desgusting worthless theives trying to make a sex offender registry. You sick gross government officals.

TrollHater
April 27, 2009 4:51 PM

Think that's bad? You should see this list of idiotic sex cases:

www.oncefallen.com/youmightbersoif.html

renate
April 27, 2009 8:37 PM

if you are a teen and ask a girl if she wants a ride, and if she happens to have her young sister along, and even the teen is not aware of it, you will be charged with attemt of childabduction, lands him on the registry. this country is getting crazier and crazier.invest in the prison system, that seems to be the only one,where the stocks don't fall.i am so sick of it.everybody runs to church on weekends, but love thy neighbor?? spy on them, accuse them, watch the witch hunt by sean penn, that;s what is going on, and instead of giving these young teens, the only crime they have is being young, a second chance, no just throw their lives away. that's the policy here. hysteria and hype, and the motivation be hind oprah's new friend adam walsh and the politicians motivation is questionable. money and publicity it's what counts. wake up america, before it hits home, then it is to late.

JaneIsALiar
April 28, 2009 8:50 PM

The registry has thousands of non-violent people like these pumpkin runners on it and this clearly shows why sex offender laws and registries need an overhaul. The Department Of Justice states that only 5.3% re-offend, so lawmakers need to stop basing their decisions on media hype and instead go with the facts. The only people who belong on registries are those who are truly dangerous, but then, why let this class of offender out to begin with? Meanwhile, let's remove all these petty offenders so law enforcement can do a better job of protecting the public from those who are a real threat.

 

         

 

 

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