Thursday, October 11, 2007

What is Indecent Exposure?

Basically it's illegal to display your genitals in public just about everywhere in the United States. It doesn't matter if you are an exhibitionist or a naturist, but the law is generally more forgiving to a skinny dipper than it is to a flasher.

So what is Britney Spears? For at least the third time she has appeared in public with her vagina on display, with photographic evidence, and she has not been arrested. If I did that they would haul me off and label me a sex offender. She appears to have nudist tendencies since she has been reported to have been seen nude in her home and around her kids, but not wearing underwear and flashing the paparazzi seems to be the behavior of an exhibitionist.

But can she be hauled in for indecent exposure based upon photographic evidence? Does there have to be a complaint lodged, or can a prosecutor bring charges independently? There is precedent for this - Melissa Harrington of Lincoln, Nebraska, was convicted of public nudity because photos of her topless at a wet t-shirt contest showed up on the Internet, and charges were filed. Also, an Ohio prosecutor was arrested and charged with public indecency while inside a government building, even though he was seen only on a security camera - nobody saw him in person while he was nude.

Don't get me wrong, I think that government has no business telling people what they can wear, whether it's requiring swimsuits at the beach, or making droopy pants on teenagers a public offense. If Britney wants to run around with no underwear, or with her breasts exposed, more power to her. If enough people do it, seeing a nude human being in public will cease to be so shocking, a point somewhat proven by the fact that this latest Britney flashing is getting a lot of yawns from the celebrity bloggers.

But there needs to be consistency in the law. Either Britney is brought up on public indecency charges for showing her vagina, or stop prosecuting people for nudity altogether. The human body in and of itself should not be considered indecent, and legislating morality is not the function of government anyway.

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