Originally posted by Big A
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New Mexico Cop Has Sex on Hood of Car Photo: State Trooper Busted
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Originally posted by talisman View PostApparently all those movies where kids get busted having sex in a car are just exaggerations since public indecency is no longer a crime.
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I'm going to dig into some facts here, and it's sure to fire up the FTP crowd, but if you just use reasoning and a little logic, you can see what I'm talking about.
First and foremost, I am NOT condoning this officer's actions. He should be held accountable for his misconduct.
Now that my disclaimer is out of the way, I can explain.
Here is the public lewdness statute:
Sec. 21.07. PUBLIC LEWDNESS. (a) A person commits an offense if he knowingly engages in any of the following acts in a public place or, if not in a public place, he is reckless about whether another is present who will be offended or alarmed by his:
(1) act of sexual intercourse;
(2) act of deviate sexual intercourse;
(3) act of sexual contact; or
(4) act involving contact between the person's mouth or genitals and the anus or genitals of an animal or fowl.
Now, "sexual intercourse" is defined as follows:
"Sexual intercourse" means any penetration of the female sex organ by the male sex organ.
So, if the camera did not have a clear angle to capture the male sexual organ penetrating the female sexual organ, and only had the view that we see in the still, it does not meet the elements of the offense and therefore cannot be prosecuted.
When an officer walks up to a car and sees two people having sex, trust me, you can see penetration. In 99% of the cases, it's two people who I never wanted to see naked in the first place.
I'm sure that's what makes harcore porn meet a XXX rating. In scenes where you cannot see penetration, it is given a lesser rating.
Follow me boys and girls???
*Disclaimer* These laws and interpretations apply to Texas only.
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Originally posted by Denny View PostIf I was fucking in my house and someone walking by glanced in the window and saw it, I could be charged.
There's a difference between someone having to walk up and peek in your window, and someone having sex in a picture window.
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Originally posted by 46Tbird View PostThe private camera is the same as a private individual. The perps doing it on the hood were visible to someone else, therefore the camera catching them makes this a public event.
And like Dennis said, it's illegal to walk around your own house nekkid if someone decides to peek in your window.
If someone has to come onto your property and peek in window where you have a reasonable expectation of privacy, then there is no offense. If you have a 30 square foot bay window and you're boinking right in front of it, now that's a different story.
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Originally posted by 03trubluGT View PostYou would have to be reckless if another would be present and witness the act.
There's a difference between someone having to walk up and peek in your window, and someone having sex in a picture window.
Ask the guy who was charged for walking nude in his house and by a window in his home at 5 am drinking coffee and a lady walking by sees him, calls the police
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Originally posted by 78X View PostWrong.
Ask the guy who was charged for walking nude in his house and by a window in his home at 5 am drinking coffee and a lady walking by sees him, calls the police
http://pajamasmedia.com/blog/naked-j...s-own-kitchen/
Nice try skippy.
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Originally posted by 78X View PostThat's it my big tit wife will come speed down 20 and we will see if you show her your fleshlight
Unless she's driving a forklift, I probably wouldn't notice her.
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Originally posted by Big A View PostThat camera was monitoring private property. Someone else uploading it on to youtube doesn't make it a crime.
I guess anyone with a sex tape released should be charged with indecent exposure.
Perhaps he was trespassing, but the land owner would have to decide that.
FWIW, if he was an exemplary trooper in all other aspects, I have no problem with him getting some in uniform. If it was a bribe or forced though, that's not quite exemplary.Originally posted by Big A View PostWhat part of PRIVATE property do you not get. Them being filmed is superfluous.
StevoOriginally posted by SSMAN...Welcome to the land of "Fuck it". No body cares, and if they do, no body cares.
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