[Vision2020] Re: Well, It ain't plumbing

[Joan Opyr]

You have answered the question brilliantly, Jennifer!  But you still haven't said whether or not I can perform a citizen's arrest and/or shoot spitters within the Moscow city limits.  (Please say yes.  I'm ready, I really am.)

Joan/Auntie

----- Original Message -----
From: Jennifer McFarland
Sent: Thursday, February 10, 2005 7:56 AM
To: 'Joan Opyr'; 'David M. Budge'
Cc: 'Vision2020 Moscow'
Subject: RE: [Vision2020] Re: Well, It ain't plumbing

Visionaries:

The easy answer to Ms. Opyr's question is that The County doesn't enforce The City's codes.   

Elaborating, County Sheriff's Deputies are tasked with enforcing Idaho State Code and County ordinances.  City Police enforce State and City codes  Several of the small towns that are serviced by the Latah County Sheriff's Office have city codes as well.  Those towns contract with the County for the enforcement of those codes--but any court cases that transpire because of citations written regarding those codes are the financial responsibility of those respective city governments.  As such, even the smaller communities favor using State Codes to govern things like indecency, alcohol laws, etc.  (Note: "open container in public" laws are laws that are determined by City Ordinance rather than state code.  So, feel free to wander the streets with a beer in your hand during Genesee's Crab Feed--but not at Moscow's Mardi Gras.  Oh--but get a designated driver for both festivities).  Latah County doesn't have the authority to write citations based on violations of Moscow City Codes because they do not contract with us because they have their own paid and competent Police.   

So, this means that the County looks to the State Code on issues of obscenity, specifically:

                                   TITLE  18
                            CRIMES AND PUNISHMENTS
                                  CHAPTER 41
                           INDECENCY AND OBSCENITY
    18-4116.  INDECENT EXPOSURE. Every person who willfully and lewdly,
either:
    (1)  Exposes his or her genitals, in any public place, or in any place
where there is present another person or persons who are offended or annoyed
thereby; or,
    (2)  Procures, counsels, or assists any person so to expose his or her
genitals, where there is present another person or persons who are offended or
annoyed thereby is guilty of a misdemeanor.
    Any person who pleads guilty to or is found guilty of a violation of
subsection (1) or (2) of this section or a similar statute in another state or
any local jurisdiction for a second time within five (5) years,
notwithstanding the form of the judgment(s) or withheld judgment(s), is guilty
of a felony.


First, you'll notice where it says "Every person who willfully and lewdly . . ."  In order for an officer to write the citation, we'd have to determine that a) the person was purposefully exposing him/herself and b) was in a lascivious state of mind.  Secondly, you'll notice that the code specifies "genitals" as opposed to breasts, buttocks, etc.  (genitals = penis/vagina).
The only code that specifically addresses exposure of ones "butt crack," though not in those terms, is in the Title 23 Alcohol Codes:

                                    TITLE  23
                             ALCOHOLIC BEVERAGES
                                  CHAPTER 6
                               PENAL PROVISIONS
    23-614.  PROHIBITED ACTS -- MISDEMEANORS -- PENALTIES. (1) No person,
partnership, association or corporation shall conduct, permit, or encourage
any of the following acts or activities in or upon premises licensed pursuant
to title 23, Idaho Code:
    (a)  Employment or use of any person, including allowing any person on the
    premises, while such person is unclothed or in such attire, costume or
    clothing as to expose to view any portion of the female breast below the
    top of the areola or of any portion of the pubic hair, anus, cleft of the
    buttocks, vulva or genitals.
    (b)  Employment or use of any person who touches, caresses or fondles the
    breast, buttocks, anus or genitals of any other person, or who is so
    touched, caressed or fondled by another person.
    (c)  Employment or use of any person to wear or use any device or
    covering, exposed to view, which simulates the breast, genitals, anus,
    pubic hair or any portion thereof.
    (d)  Employment or use of any person to perform acts of or acts which
    simulate sexual intercourse, masturbation, sodomy, bestiality, oral
    copulation, flagellation or any sexual acts which are prohibited by law.
    (e)  The showing of films, still pictures, electronic reproductions, or
    other visual reproductions depicting:
         (i)   Acts or simulated acts of sexual intercourse, masturbation,
         sodomy, bestiality, oral copulation, flagellation or any sexual acts
         which are prohibited by law.
         (ii)  Any person being touched, caressed or fondled on the breast,
         buttocks, anus or genitals.
         (iii) Scenes wherein a person displays the vulva or the anus or the
         genitals.
         (iv)  Scenes wherein artificial devices or inanimate objects are
         employed  to portray any of the prohibited activities described in
         this section.
    (2)  A violation of any of the provisions of this section by any agent,
employee, or other person in any way acting on behalf of a licensee shall
constitute a misdemeanor, and upon conviction such person shall be fined not
less than the sum of one hundred dollars ($100) nor more than the sum of three
hundred dollars ($300), or be imprisoned in the county jail for not less than
thirty (30) days nor more than six (6) months, or both such fine and
imprisonment. Any court in which a judgment of conviction is entered shall
certify a copy thereof to the director, and the director shall thereupon
commence administrative proceedings. The director shall review the
circumstances and may take action he considers appropriate against the
licensee including suspension of the license for not to exceed six (6) months,
a fine, or both such suspension and fine or may revoke the license.
    (3)  In addition to misdemeanor violations or other criminal proceedings
instituted under this section, upon sufficient proof to the director, the
director shall take administrative action as provided in subsection (2) of
this section against any licensee in the event any person is found to have
committed any of the above proscribed acts. The proceedings shall be in
accordance with provisions of the administrative procedure act.


I direct you to (1)(a).   

There is a possibility I've missed a code somewhere, but I think these are the only two State codes that specifically address exposure.  I hope I've answered the question.   


--Jennie

Jennifer L. McFarland
Detective/Public Information Officer
Latah County Sheriff's Office
PO Box 8068
Moscow, Idaho 83843
(208) 882-2216

Truth is the summit of being; justice is the application of it to affairs
***Ralph Waldo EmersonGet more from the Web.  FREE MSN Explorer download : http://explorer.msn.com
-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://mailman.fsr.com/pipermail/vision2020/attachments/20050210/b7da705a/attachment-0001.htm