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<DIV><SPAN class=745351015-10022005>Visionaries:</SPAN></DIV>
<DIV><SPAN class=745351015-10022005></SPAN> </DIV>
<DIV><SPAN class=745351015-10022005>The easy answer to Ms. Opyr's question is
that The County doesn't enforce The City's codes. </SPAN></DIV>
<DIV><SPAN class=745351015-10022005></SPAN> </DIV>
<DIV><SPAN class=745351015-10022005>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.
</SPAN></DIV>
<DIV><SPAN class=745351015-10022005></SPAN> </DIV>
<DIV><SPAN class=745351015-10022005>So, this means that the County looks to the
State Code on issues of obscenity, specifically:</SPAN></DIV>
<DIV><SPAN class=745351015-10022005></SPAN> </DIV>
<DIV><SPAN
class=745351015-10022005>
<EM>TITLE
18<BR>
CRIMES AND
PUNISHMENTS<BR>
CHAPTER
41<BR>
INDECENCY AND OBSCENITY<BR> 18-4116. INDECENT EXPOSURE.
Every person who willfully and lewdly,<BR>either:<BR>
(1) Exposes his or her genitals, in any public place, or in any
place<BR>where there is present another person or persons who are offended or
annoyed<BR>thereby; or,<BR> (2) Procures, counsels, or
assists any person so to expose his or her<BR>genitals, where there is present
another person or persons who are offended or<BR>annoyed thereby is guilty of a
misdemeanor.<BR> Any person who pleads guilty to or is found
guilty of a violation of<BR>subsection (1) or (2) of this section or a similar
statute in another state or<BR>any local jurisdiction for a second time within
five (5) years,<BR>notwithstanding the form of the judgment(s) or withheld
judgment(s), is guilty<BR>of a felony.<BR></EM>
<P><BR><SPAN class=745351015-10022005>First, you'll notice where it says "Every
person who <STRONG>willfully</STRONG> and <STRONG>lewdly</STRONG> . . ."
In order for an officer to write the citation, we'd have to determine that a)
the person was <EM>purposefully </EM>exposing him/herself and b) was in a
<EM>lascivious </EM>state of mind. Secondly, you'll notice that the code
specifies "genitals" as opposed to breasts, buttocks, etc. (genitals =
penis/vagina).</SPAN></P>
<P><SPAN class=745351015-10022005>The only code that specifically addresses
exposure of ones "butt crack," though not in those terms, is in the Title 23
Alcohol Codes:</SPAN></P>
<P><SPAN class=745351015-10022005></SPAN> </P></SPAN></DIV>
<DIV><SPAN
class=745351015-10022005>
<EM>TITLE
23<BR>
ALCOHOLIC
BEVERAGES<BR>
CHAPTER
6<BR>
PENAL PROVISIONS<BR> 23-614. PROHIBITED ACTS --
MISDEMEANORS -- PENALTIES. (1) No person,<BR>partnership, association or
corporation shall conduct, permit, or encourage<BR>any of the following acts or
activities in or upon premises licensed pursuant<BR>to title 23, Idaho
Code:<BR> (a) Employment or use of any person,
<STRONG>including allowing any person on the<BR>
premises</STRONG>, while such person is unclothed or in such attire, costume
or<BR> clothing as to expose to view any portion of the female
breast below the<BR> top of the areola or of any portion of
the pubic hair, anus, <STRONG>cleft of the<BR>
buttocks</STRONG>, vulva or genitals.<BR> (b) Employment
or use of any person who touches, caresses or fondles the<BR>
breast, buttocks, anus or genitals of any other person, or who is
so<BR> touched, caressed or fondled by another
person.<BR> (c) Employment or use of any person to wear
or use any device or<BR> covering, exposed to view, which
simulates the breast, genitals, anus,<BR> pubic hair or any
portion thereof.<BR> (d) Employment or use of any person
to perform acts of or acts which<BR> simulate sexual
intercourse, masturbation, sodomy, bestiality, oral<BR>
copulation, flagellation or any sexual acts which are prohibited by
law.<BR> (e) The showing of films, still pictures,
electronic reproductions, or<BR> other visual reproductions
depicting:<BR> (i)
Acts or simulated acts of sexual intercourse,
masturbation,<BR> sodomy,
bestiality, oral copulation, flagellation or any sexual
acts<BR> which are prohibited by
law.<BR> (ii) Any person
being touched, caressed or fondled on the
breast,<BR> buttocks, anus or
genitals.<BR> (iii) Scenes
wherein a person displays the vulva or the anus or
the<BR>
genitals.<BR> (iv) Scenes
wherein artificial devices or inanimate objects
are<BR> employed to
portray any of the prohibited activities described
in<BR> this
section.<BR> (2) A violation of any of the provisions of
this section by any agent,<BR>employee, or other person in any way acting on
behalf of a licensee shall<BR>constitute a misdemeanor, and upon conviction such
person shall be fined not<BR>less than the sum of one hundred dollars ($100) nor
more than the sum of three<BR>hundred dollars ($300), or be imprisoned in the
county jail for not less than<BR>thirty (30) days nor more than six (6) months,
or both such fine and<BR>imprisonment. Any court in which a judgment of
conviction is entered shall<BR>certify a copy thereof to the director, and the
director shall thereupon<BR>commence administrative proceedings. The director
shall review the<BR>circumstances and may take action he considers appropriate
against the<BR>licensee including suspension of the license for not to exceed
six (6) months,<BR>a fine, or both such suspension and fine or may revoke the
license.<BR> (3) In addition to misdemeanor violations
or other criminal proceedings<BR>instituted under this section, upon sufficient
proof to the director, the<BR>director shall take administrative action as
provided in subsection (2) of<BR>this section against any licensee in the event
any person is found to have<BR>committed any of the above proscribed acts. The
proceedings shall be in<BR>accordance with provisions of the administrative
procedure act.<BR></EM></SPAN></DIV>
<DIV><SPAN class=745351015-10022005><FONT
face=verdana></FONT></SPAN> </DIV>
<DIV><SPAN class=745351015-10022005><FONT face=verdana>I direct you to
(1)(a). </FONT></SPAN></DIV>
<DIV><SPAN class=745351015-10022005></SPAN> </DIV>
<DIV><SPAN class=745351015-10022005><FONT face=verdana>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. </FONT></SPAN></DIV>
<DIV><SPAN class=745351015-10022005><FONT
face=verdana></FONT></SPAN> </DIV>
<DIV><SPAN class=745351015-10022005><FONT
face=verdana></FONT></SPAN> </DIV>
<DIV><SPAN class=745351015-10022005><FONT
face=verdana>--Jennie</FONT></SPAN></DIV>
<DIV> </DIV><!-- Converted from text/plain format -->
<P>Jennifer L. McFarland<BR>Detective/Public Information Officer<BR>Latah County
Sheriff's Office<BR>PO Box 8068<BR>Moscow, Idaho 83843<BR>(208)
882-2216<BR><BR>Truth is the summit of being; justice is the application of it
to affairs.<BR>***Ralph Waldo Emerson<BR></P>
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