Legal Effects Of Indecent Exposure On The Homeless Community

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When looking at any town’s municipal code, there is likely to be a section on misdemeanors. Looking a little further, there will be an offense listed in there under indecent exposure. Indecent exposure is anyone who is over the age of 17 and intentionally displays oneself or a body part to the public. The displayed portion is viewed as against the normal and acceptable standards of behavior to the community. Indecent exposure can come in a variety of forms with the common forms being public nudity and urinating in public. More often than not, indecent exposure is usually displayed in a non-threatening manner. But, any act of indecent exposure holds the potential for severe legal consequences at the local level or even the state level. Within …show more content…
Well, there are some people who have a higher chance of being caught with indecent exposure, and they are the homeless community. They are “more susceptible to committing public order offences such as trespassing and public urination” (Payne, 2). In 2015, a study was done in Australia and 39 homeless people were talked to. Out of those 39, 72% of those people had been arrested within the past 12 months (Payne). However, given their nature of living arrangements, breaking the law out of necessity has long been recognized as a defense in America. The need to do this does not decriminalize the act, but it is considered public policy to not punish …show more content…
In 2007, a man by the name of Juan Matamoros was still paying the price for his indecent exposure violation. Back in 1986 in Boston, Massachusetts, he was out drinking with some friends. On the way home, he had to stop to relieve his bladder. Even while not doing anything sexually and in the absence of children, Matamoros was seen by three pedestrians. Later the next morning, he was arrested for indecent exposure, “charging him with two counts of ‘open and gross lewdness,’ a charge used when a suspect expose or touches himself with the intent to shock or scare people” (Balona and Mahoney). Ultimately, he had to register as a sex offender. Also, this landed with him having spent 60 days in jail followed by counseling and a probation period. Back to 2007 in Florida, Matamoros was unaware of a new ordinance that took place. The new ordinance prohibited sex offenders from living within 2,500 feet from schools, parks, and childcare facilities. When authorities found out about his sex offender status, they fined him for being in violation of the ordinance. In result, Matamoros had to sell his house to live further away from the school. Matamoros still received a sex offender title even though it was in the middle of the night when this incident occurred. The same title and restrictions as someone who molested a

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