From: staylor@fudd.rtp.dg.com (Steve Taylor)
Newsgroups: rec.nude
Subject: Re: HELP for a friend. "indecent exposure" at Crane's Beach.
Date: 7 Oct 92 16:23:18 GMT
Organization: Data General Corporation, RTP, NC.

In article <1248@ki.com> dwatts@ki.com (Dan Watts) writes:
>
>Hello fellow netters.  I was wondering if someone out there could offer
>some guidance in what to do following a summons to a complaint hearing
>in Ipswich District Court regarding an event that occured to a good friend
>of mine.  

Remember: you get what you pay for, and advice from the net is free.  With 
this caveat, I can offer my own experience, but it is only what happened to 
me, your mileage may differ.

I am also from Massachusetts, so the procedures may be parallel.

In my case the complaint hearing was called a "show-cause" hearing.  I was
summoned to appear before a clerk-magistrate for a hearing to determine 
whether a crime had been committed and whether I should be charged.  The
clerk-magistrate is not the person who will hear the case if it goes to trial;
he is a filter to prevent wasting time, court costs, and harassing 
upstanding citizens.

>		A few weeks ago during the nice warm weather, he frequented
>Crane's Beach and being a nudist, enjoyed the weather sans clothing. As
>I understand it, he was out of the way and wasn't bothering anyone.
>Appearently, a ranger [?] happened apon him and gave him a ticket or
>some such.  He now has to appear in court.

In my case I was naked in my own garden.  The state trooper did not see me,
but apparently a passing motorist complained.  I say apparently because
the garden is not completely exposed to the highway, there's little traffic, 
and I'm concerned about offending my neighbors, so I'm somewhat careful.
I didn't remember the occasion, but admited that it might have happened.
The complainant did not appear at the hearing, but the trooper did.  
(Because the hearing is not a trial, the trooper could talk about what
the complainant might say if called to testify; the strength of the case
is under discussion.  In the actual trial the witness would have had to appear.)

In your friend's case the ranger [?] *is* the witness.  However, the ranger
might very well not appear at the hearing.  She would have to eventually
appear in court for the crime to be prosecuted, though.

>Does anyone have any thoughts/wisdom on what his steps should be?  Should
>he pay the $$ and hire a good attorney to represent him?

Definitely Yes.  
One of the major functions of the show-cause hearing/separate trial
scheme is to give an escape from the justice system for us privileged 
white males with three-piece suits and good incomes.  In order to establish
solidarity with PWMWTSGI, your friend should 1) treat the clerk-magistrate
seriously, as a fellow PWMWTSGI/PWFWTSGI who is trying to do her job.
2) Hire a lawyer with a three-piece suit.  3) Bring your own maps and
photographs which show how isolated and innocous the spot was.

(I did all those things, and the case was dropped.)

Now, your friend may be so public-spirited that he wishes to provide a test
case, and wants the case to go to trial.  In that case, more power to him.
I had some of those fantasies myself.

Or your friend may be so thrifty that he would rather take a chance and pay
a probably minimal fine (almost certain to be less than attorney's fees.)

>What are the ramifications of being convicted of "indecent exposure"? What
>kind of "crime" is this?  Would this label him as a "sex offender"?

The crime under discussion in my case was "lewd and lascivious behavior."
This is a felony in Massachusetts.  Could be up to 5 years in jail.  A glance
at the statute book leads one to doubt that nudity has anything to do
with the intent of the law, but even a 1% chance of 5 years in jail is 
serious business.


I'd like to hear the followup.  Let us know how your friend makes out.

Stephen Taylor		staylor@cs.wpi.edu		(508)867-9288