Cited for indecent exposure!

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• SP

  

  SpaceCadet77

  Aug 28, 2020

  [quote]Pay the fine.Internet advice tends to be worthless. Including, one would imagine, the advice to pay the fine instead of consult someone who knows the law better...[/quote] Couldn't have said it better! I hope you sought an attorney and contested the fine...

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• JI

  

  Jim

  Aug 31, 2020

  [quote]Hey all, I also posted this in a hiking group forum but just noticed this section so I'm reposting... I've been exploring SW florida and looking for places to safely hike nude. A few days ago I pulled into a national preserve that is in the middle of nowhere and very infrequently visited. I was already nude in the car when I pulled up, and there were no other cars in the lot, no people present, and nobody attending the property. So I got out of the car nude to look at the trail map. I happened to look up and noticed a trail cam pointed right at me, so I immediately turned around, got back in my car, and put on my shorts. I guess it was pretty stupid of me not to consider that there would be abundant trail cams, but I did nothing offensive and immediately covered up when I realized. 3 days later I received a call from a conservation officer who had pulled my license plate off the camera, found my contact info, and was issuing me an indecent exposure citation. He repeatedly said that the law stated that nudity on federal land is strictly prohibited, and despite my pleas he refused to give me a break. I haven't received the ticket in the mail yet, so I don't know how much the fine is, but I really don't want to pay this, nor do I want indecent exposure on my record when that was clearly not the case! In my research I have found no example of this law, most everything I read says the laws are very vague and there has to be lewd or sexual behavior/intent, or that the individual refuses to cover up in front of other people in order for this to be an offense. I welcome any advice here. While I'm most likely just going to pay this ticket since I can't imagine the embarrassment of standing in a full court room to defend this, I'd really like to know if I have any other options. Thanks everyone, be safe![/quote] I'd pay the fine, but if you want to contest it say you were going to take a piss, and the officer's call, three days later, was a misunderstanding and you're just perplexed about it. One, did the officer give his name, unit or contact info? If not, why? Where is the recording of your person, your plates or any of that? You need to be given that for your records and it is necessary evidence to make any case. Do conservation officers have the authority to issue this kind of citation? Where is the relevant code they claim you were in violation of? Is the parking lot federal land? Or is it state owned? Who empties the trash? Is the highway federal or state? Who owns the camera and is it state federal or third party? The law is generally that there must be a complainant for there to be an infraction. I think the law he is citing has to do with national monuments in the 1960's being streaked and the feds making it illegal to stop the practice. I've heard of this in parks but always busy parks and always in person citations. Usually, a representative of the law needs to be present in court. Is he coming in person? They won't show any video if there is that evidence (the judge would view in private), and if you were to defend yourself all you need say is that this is a misunderstanding. You were in a hurry to go to the washroom, thought there was one opposite your car, dropped the sarong you were wearing and to your horror, realized you were nude and nowhere near a bathroom, it was hot, you drove a long way, and you immediately returned to your vehicle and left, with no one else there at all. three days later you get this call you didn't understand with a belligerent non witness. 1, Wait for a ticket, they might just be scaring people to stop them from doing it, federal funding for keeping parks going was gutted by 45. 2. If you do get a ticket, check to see if it records the data they are claiming inculpates you. If you can't find it on the citation, nor get it from the bylaw officers, or records, then it's likely not extant (legal aid would tell you where to ask fully). 3. If you don't know who called, try to find out. The citation should be signed by that person, not another, and they should be in court if you contest, if that person isn't there, it should be tossed. 4. If someone calls back asking for cc or other to settle your fine, do not pay it, it's a scam. Did the first caller ask for any info? 5. Under 100$ I would pay it, see what the fee is to strike the whole thing from the record. It may take a year, but in Canada, we can pay extra to strike citations as we pay them. 6. I don't see where the conservation officers can issue this citation. Fish and Game violations. For any property crime in the lot they are supposed to call the sheriff's office. Indecent exposure requires a victim. You cannot indecently expose yourself to yourself, and if there was a reasonable possibility there was a school, church or home nearby then maybe you'd be on shaky ground, but no eye witness, 3 days later, no proper citation of the infraction, and digital evidence of...not much.

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• JI

  

  Jim

  Aug 31, 2020

  [quote]Thanks everyone for responding, Unfortunately, I think I may have been caught in a loophole specifically involving a national wildlife refuge. And again, just to be clear, it was a stupid move on my part to not think there would be cameras there in the first place. Here's the code on the ticket, as stated on the code of federal regulations website: 27.83 Indecency and disorderly conduct. Any act of indecency or disorderly conduct as defined by State or local laws is prohibited on any national wildlife refuge. This is on a US District Court violation notice, and it was a federal officer. I would very much like to fight this, especially since it is a $500 fine, but there are two problems. First, I can't afford a lawyer for something like this right now. Second, I live in Florida. Florida is one of the very few states in which all records are public. According to the officer, if I pay the fine it will be done and this will never even reach the state, which means there will be no public record of it. If I fight it, it gets handed over to state courts and would be published with my name and all info. The lowlife tabloid type media prey on this kind of stuff and I'm 100% sure that simply having the word "nude" on a violation would be enough to throw up a red flag somewhere. The last thing I need is for it to go viral, with my name, that I was caught on camera naked in a wildlife refuge. So basically, I'm screwed and it's gonna cost me $500. Nobody to blame but myself, expensive lesson learned: ALWAYS scope out the area before going nude! This sucks, now I'm going to be super paranoid everywhere I go![/quote] Is the officer named? Is the time and date correct? Is the federal officer issuing the citation the one who called? In other words, who id'ed your plates, who called you, and how did that get to a citation? Who verified that this is correct, and that there was sufficient evidence? When I was camera snagged in Spain and Colombia both for speeding, they sent the stills with the plate closeup, the digital metadata and the information for the human beings who double checked that it was correct. Does it say nude on the citation? Not on what you shared, it says "indecency or disorderly conduct". It's very unlikely anyone would care, but it's also prudent to avoid public record. This blog has some interesting information, it would appear they are being VERY liberal with their framing There is no bylaw against nudity. They have to make it disorderly conduct for it to stick. There was no signage. The camera was not marked. You were alone in the middle of nowhere and accidents happen. You returned to your car and left. Park Rangers must make this decision, and it wasn't a ranger who called, it was conservation (who cannot issue the citation). They called you because the video wasnt enough. They got you to admit that you were nude and defend yourself yes? In the future, you have the right to remain silent. You don't need to talk to anyone on the phone about a citation. They have the evidence? Grand, send the ticket please. You need info from me to make the ticket? I don't think so. They pushed a legal line here by getting you to inculpate yourself in the issuance of a citation. In the future, don't talk to cops or anything like a cop unless it's a detective in an interrogation with a lawyer present. https://www.boondockersbible.com/knowledgebase/is-nude-camping-legal-on-federal-lands/ This stinks of entrapment. I would contact legal aid and lay out your case. Spend no time on why you were nude beyond hot, tired, and bathroom and mistake. Maintain that story. Florida is well (I mean well) known for nudity in public of the most unbelievable origins and outcomes so this is very very tame. Here is the state law which I think you will find relevant. Disorderly conduct is one of the most defendable charges. I'd call legal aid and see if they will file an injunction a stay or a reduced settlement for you. https://www.husseinandwebber.com/crimes/public-order-obstruction/disorderly-conduct/#:~:text=Penalties%20for%20Disorderly%20Conduct,probation%2C%20and%20a%20%24500.00%20fine.

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