Exhibition and Voyeurism
Cordelia Michaelson
Sassmaster whose life revolves around horses and crime shows.

Cordelia is back with part three of this fetish series.

 

Welcome to the final piece of the last two blogs. This will cover some of the law information (American) in regards to Exhibitionism (See blog here) and Yoyeurism (see blog here)

 

So let me start by telling you this is a very vague overlook at sex law. I encourage you to read the laws for your specific state because they do vary state by state.  Know your laws, protect yourself and your partners.

First of all,

before I even touch into the laws, please, please, PLEASE, if you’re going to take part in any kind of public sex acts, make sure it’s far from a child’s park or a school zone. It does NOT matter if it’s after hours, you run the risk of turning something like a misdemeanor into you now being a registered sex offender.  

Voyeurism Laws:

Legal definition: “Illegally recording, filming, photographing someone in a place where one would have a reasonable expectation of privacy.”

(Legal definition of reasonable expectation of privacy continued:) “(i) A place where a reasonable person would believe that he or she could disrobe in privacy, without being concerned that his or her undressing was being photographed or filmed by another; or

(ii) A place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance.”

So what does that mean?

 It means, any place a person would have the reasonable expectation that if they were to undress (sexually or not) or even take part in a sexual act themselves, it would be done so in privacy without having themselves be photographed or filmed in anyway.

One example of Vouyerism law is New York states. Someone found taking photos or video of someone without their knowledge can be charged with unlawful surveillance. This is a second-degree offense that comes with a class E felony charge. Not only can you be fined but you can spend anyone from one year up to four years in a state penitentiary.

Understand this: Charges change drastically if a minor is involved.

The federal government also has a completely separate law for Voyeurism and that can be found in the Video Voyeurism Protection Act of 2004. If this crime takes place on federal property, you WILL be charged with a FEDERAL crime and can face time in a federal penitentiary.

Note: There is another section of laws that apply to ‘peeping toms’ (not filming/photographing)

Exhibitionism Laws:

This one really, really varies state by state so it’s important you google your state and your area to find out the specific law but here is the broad overview of it.

Two charges you can face are ‘lewd acts’ and ‘indecent exposure.’

Lewd acts:

Any sex act that is committed in a public place. The true definitions vary by state but that is the overview definition. You CAN be charged with this even if you’re clothed!

Indecent exposure:

Any part of your genitals showing in a public place whether it’s during a sexual actual or something else (Flashing, urinating in public, etc.)

Both of these are misdemeanors but you can be fined and sentenced to prison time. Flashback to where I told you there are some varying factors – the acts, the places the acts take place can all have an effect of the degree of charge, the amount of a charges, and whether they’re federal or lesser charges.

So what constitutes a public place? Again, it varies by the state. Ahhh, so helpful I know… But I’m here to help you realize the importance of law and encourage you to really do your research, not cherry pick laws from 50 states. That said? Bonus points for anyone who emails me or tweets me a specific sex law from their state.

Anyways, back to public defined:

“A place(s) that the general public has access to.” This includes, parks/wooded areas/roads/parking lots/stores/buildings. diving deeper in lewd acts: being inside of the buildings , being instead of an automobile, or even being naked in your own backyard. (Check out the 2014 case of a Utah man who was prosecuted for sunbathing nude in his own backyard.)

There are four different penalties that you can face.

1.) Incarceration. This is obviously the most severe. In a normal case, you can face anywhere from one to five years served.

2.) Fines. The average fine for lewd behavior is roughly a thousand dollars. It could be less, it could be more.

3.) Probation: No jail time but you have to check in with a probation officer. Should you violate your terms of probation, you can absolutely face prison time or fines. This could also include counseling.

4.)Community service. Pretty self explanatory.

All and all, I really hope if you guys decide to take part in any kind of public sex act, you know your state laws. Be careful, be safe, make sure it’s all consensual!

Also, fun fact?

While public sex is illegal in Canada, in 1981, a judge ruled in favor of a couple caught having sex in their car. If the intention was for the act to be private (ie: late at night, hidden deep in the woods, aka not in a SUPER public, busy area) the judge may just rule in your favor.

 

CMichaelsonblog | cordeliamichaelson@gmail.com