Nude homeowner arrested

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And so what if he was "deliberately displaying himself". He was INSIDE his house. It sounds like only a trespasser would have been able to see him, so it sounds like they got what they deserved. My house is far off the road and I can barely see my neighbors. For anyone to see into my windows from the sides or the back of the house they have to be standing on my enclosed deck. Anyone who can see me making coffee will get arrested when I call the police to report a trespasser. The cop sounds like an idiot.
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tmclone wrote:

Trespassing is not usually a criminal offense. In my state, you have to take additional steps to elevate civil trespass to a criminal level. You can do this by personally demanding the person leave or by posting sufficient sinage asserting same. Even then, there are numerous categories of people who, by definition, cannot be a criminal trespasser (and, hence, cannot be arrested). Some are:
* A child who has no criminal capability * A peace officer with a valid warrant * A fireman, paramedic, electrical lineman, or other person involved in exigent circumstances * A mere civil trespasser * A person-person (used to be mailman), meter reader, or the like
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HeyBub wrote:

No, but trespassing and peeking in the windows at the nekkid occupants is a criminal offense. If that window faced away from the sidewalk so that the homeowner had a reasonable expectation that he couldn't be seen, the cops arrested the wrong person.
IANAL, Bob
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wrote:

However, a trespasser that peers into your windows is a peeping tom and can be arrested for that.
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On Thu, 22 Oct 2009 19:32:55 -0400, snipped-for-privacy@dog.com wrote:

Like this guy:
pic
http://auctions.myselfdefenseblog.com/blogpics/peeping-tom.jpg
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Re: "Trespassing is not usually a criminal offense. In my state, you have to take additional steps to elevate civil trespass to a criminal level. You can do this by personally demanding the person leave or by posting sufficient 'sinage' asserting same. ....... "
Interesting post! What kind of 'sin' were you suggesting?
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terry wrote:

"No Peeping"
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Outside in daylight, or inside during the night time, would there be any difference if the clueless coffee maker had his curtains open?
If this coffee maker would of been standing outside the window nobody would of saw him. He would of been in the dark. Once he goes inside with any light on anybody can see him if he has his curtains open.
I'm not saying that he should of been charged, but the replies that state you're immune from prosecution just because you are inside your own home is a ridiculous argument.
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wrote:

Depends on where. Going back the other way, paparazzi etc., can only legally take pictures of what they can see on the sidewalk (literally the sidewalk, so they can't get a ladder to put on the sidewalk to take pics over the fence). That should work the other way, too. Sounds from at least one of the articles that the c/p wasn't on a public area. THAT is when it gets ridiculous the other way.
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wrote:

The paparazzi argument is ridiculous too. Anyone can see through a window. Even if they are not on a ladder. Even if they are on the street.
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On Oct 22, 9:44pm, snipped-for-privacy@mucks.net wrote:

Umm, NOT if they HAVE to be trespassing to see in the windows. It is simply NOT POSSIBLE to see into ANY of the first floor windows on the back of my house UNLESS you are standing INSIDE my fenced/enclosed deck, meaning you climbed the fence or broke into my garage and came out the back door onto the deck. Also, I have over 100 yards deep of back yard which drops down through woods to a stream. The neighbors in the back have a similar yard. So, even if the neighbors stood at the back of their property, they could not possibly even see my house, much less into the windows. I have curtains on all (few) windows which can be seen though by non-trespassers. My kitchen has no curtains whatsoever, since NO ONE can see through those windows UNLESS they are trespassing and I like to get all the sun I can get from the southern exposure.
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On Thu, 22 Oct 2009 19:07:03 -0700 (PDT), tmclone

We aren't talking about your house or your windows.
Did you watch the video? The mans house has floor level windows. Anyone can easily see inside his house at night if he doesn't close the curtains.
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tmclone wrote:

I think you'd agree that if I am in a place where I'm legally entitled to be, I should not be subjected to nudity against my will. On the other hand, some places I could legally go may subject me to that outrage and, if I go there, I take that risk upon myself.
Now what if I'm reading the electric meter at your place?
It could go either way.
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wrote:

Yeah, nudity is a real outrage!
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Well, let's see. The electric meter is on the side of the house where there are no downstairs windows which are not completely enclosed by a deck with an 8' fence. And you mention "legally entitled to be", but how on earth does "cutting through" someone's yard translate to the legal right to be there. She was trespassing on his property. She should have been arrested, not him.
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tmclone wrote:

Cutting through your yard is probably done all the time. By the meter readers, the mailman, perhaps the cops in pursuit of a goblin, children playing, people in red suits, on horseback, chasing a fox, a hot-air balloon landing prematurely, whatever.
Start with the premise that one can't be arrested unless he commits a criminal act.
Now what are the requirements for mere presence on your property to become criminal trespass in your jurisdiction? Since you're posting from that horrid Google Groups Clown College, I can't look it up for you, but it usually takes more than just being on someone's property to trigger the criminal trespass offense.
In my state, the person on someone else's land must first be TOLD to leave or there must be prominent signs posted asserting NO ENTRY PERMITTED. In some jurisdictions, the presence of a fence to exclude intruders is sufficient evidence of intent to prevent entry and subverting the fence triggers the statute. In all states, it must be shown that the intruder INTENDED to commit the criminal offense of trespass (of course intent can be inferred by the circumstances).
Point is, if all you've got is someone on your property, you do not simultaneously have an arrestable person.
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That may be, but they have no right to complain if I'm naked and standing on my head.
I don't understand why people get so hung up on seeing a naked body anyway. There are may styles but only two types, You have one or the other, just with variations of sag or beer belly in 90% of the cases.
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wrote in message

I bet you tell this crap to all the little kids in your neighborhood.
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I bet you write inflamatory non sequitors like moldy bread behind the refrigerator, for Gods sake!!!!!!
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>>

You're a sad person to even think like that
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