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(Bostonchannel.com)   Man who exposed his thong to a group of 13-year-old girls gets arrest thrown out. State Supreme Court rules that defendant did not have fair notice that exposure of thong-clad buttocks was a prosecutable offense   ( thebostonchannel.com) divider line
    More: Asinine  
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8073 clicks; posted to Main » on 31 May 2003 at 5:53 AM (14 years ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»

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2003-05-31 09:56:48 AM  
All my thongs that I wear to the beach have pockets in the front so I can put in a potatoe. This dude must've had his on backwards and creeped everybody out...What a dork!
2003-05-31 09:57:28 AM  
Harry Mannbutt had no comment, but was worried that he could be reclassified as a WMD.
/the goggles they do nothing.
2003-05-31 10:05:29 AM  
Cool! What a great loophole for all creepy perverts to exploit! Thanks judge!
2003-05-31 10:16:25 AM  
it's a loophole that it's not illegal to show your ass? who cares? it's just an ass. get over it.
2003-05-31 10:30:18 AM  
Next thing you're gonna tell me is that sending pictures of my erect member to Hillary Duff is illegal!

/it's not, is it?
2003-05-31 10:32:02 AM  
Vonsanta - "I hope this thing gets noted somewhere, so that if in the future he does something more, the authorities will at least know it and may prove a pattern of 'disruptive' behaviour."

Vonsanta's world: "John Parker, you are fined 5 credits for 'disruptive behaviour'."

Eat it, Big V.
2003-05-31 10:35:27 AM  
ZTigerX - Asinine, of or relating to the ass. Gee, very inappropriate for this article, isn't it??
ZAZ [TotalFark]
2003-05-31 10:40:17 AM  
The sex laws here have a lot of problems, regardless of whether you approve or disapprove of the intent of the law. They are either archaic or too vague to understand.

"Lewd and lascivious" behavior is criminal in Massachusetts. I certainly don't know what that means. The court cases don't help much. Going down on a 16 year old girl is lewd, the court said a few years ago. Unless she wants it. Huh?

(Then they managed to insert ambiguity where none was present. The law prohibits "the abominable and despicable crime against nature." This is an archaic but absolutely clear reference to anal sex. The court somehow managed to insert an "if he doesn't want it" into this law. It was a dishonest way of saying "we don't like this law so we'll strike it down.")
2003-05-31 10:40:52 AM  
"There's more to gross lewdness than simply wearing a thong in public, the court said. Under the decision, a thong-wearing sunbather cannot be prosecuted simply because an elderly woman on the adjoining beach towel is offended by skimpy suits, according to Paul J. Martinek, editor of Lawyers Weekly USA.

To make the act illegal, he said, the thong wearer must intend to shock and alarm. The ruling also noted that the act of wearing a thong must be ''done in such a way as to produce'' such a reaction.

''If all you're doing is walking along the beach, it's expected that people will be wearing that kind of attire in this day and age,'' said Martinek. ''You're not going to be charged with open and gross lewdness.''

If someone wearing a thong were gyrating in front of a group of children building a sand castle, he said, that's a different story.

''There has to be some sort of knowledge, or reasonable belief, that it would be shocking,'' said Martinek."
Thisis just plain stupid. Have we become a society of panzy asses? Yes. Yes we have.

"Oh no! I was shocked and alarmed! That means I should be able to sue! Put that man in jail!"


Who gives a shiat if a guy is "gyrating in front of children building a sand castle"? The kids would be LAUGHING at it. It's the old farts that would go "Oh noooo! My kid is being exposed to Th3 3v1l p3rv3r7!" The kids wouldn't give a crap.

And so WHAT if someone is "shocked an alarmed". We shoudn't have laws which prohibits shocking behavior. The constitution protects freedom of expression. Imagine if they carted Elvis off because he shockingly and alarmingly gyrated his hips on television. That was just as shocking and alarming as this crap would be.

I was shocked and alarmed once when a literally, DIRTY old man came in to Staples and asked me "If I bought this computer, would I be able to get a lot of porn with it?" I tried to refer him to a manager cause I didn't know what the hell to do with the guy. :-) I didn't want to get fired for telling him about the wonderful world of the internet and how all the porn in the world would be waiting at his fingertips. :-)

SO SHOULD I BE ABLE TO SUE STAPLES for not protecting me from dirty old men with a big sign saying "These computers are not to be used for viewing pronography."

Hell no. :-)
2003-05-31 10:55:57 AM  
was it the guy who rides his bike in a thong? i'm sure more than a few 13 year old girls have seen his butt.
2003-05-31 10:56:18 AM  
Girls can but guys can`t. ASININE.

Maybe he is a sicko pervert, but there`s no law against thongs. Girls have proven this over and over again.
2003-05-31 11:12:35 AM  
Hey, This is a fair notice issue. This is the first thing we did in Crim Law class.

Due Process demands that a person of ordinary experience be offered a reasonable opportunity to know what is prohibited and act accordingly

/law nerding
2003-05-31 11:19:27 AM  
Landmark case and a half
2003-05-31 11:21:06 AM  
I don't get the big deal. Back in my day, flashing, mooning, and streaking were traditional fun. It wasn't a warning sign of pending child molestation, it wasn't done to destroy the minds of children. It was usually done on a dare or to one-up friends, or just for the fun of freaking people out.

The funny thing is, this was none of those. The above activities involved being totally bareassed. This guy had on a thong. Thongs cover what needs to be covered in public, as far as I've been informed.
2003-05-31 11:31:11 AM  
Yeah, I agree. Send all these male perverts to jail. This guy should be locked up for sure. In the meantime, girls are still going wild!!!! Woohooo!!!!
2003-05-31 11:34:23 AM  
Oh, I wouldn't know about this but for all you experience male thong wearering flashers ...... what's the point in mooning if you can't show a little turkey neck?
2003-05-31 11:36:23 AM  
05-31-03 06:27:24 AM Draksig
For everyone who says "ignorance of the law is no excuse" is a stupid copout for judges and the state, tell that to all the people in New York who are getting citations left and right for laws that no one had heard of, like sitting on a milk crate.

Possession of milk crates is illegal. It says so on the freaking milk crate.

(they are property of the dairy, not whoever takes one)
2003-05-31 11:57:17 AM  
Joshie: Allow me to explain things for you.

You see, in modern american society, a particular social trait rules all. That social trait is being a whining dumbass.

But a particular kind of whining dumbass rules over all the others - you see, there are levels upon levels. The ultimate in whining dumbass power is the whining dumbass who gibbers about "think about the chiiiiiiiildren!" and "that's just like child abuse!!!!!!111!!!!"

So, in modern american society, any man (or woman, but nobody cares as much) showing a bit of flesh where some poor chiiiiiiildren might see, is clearly doing horrible, permanent psychological damage to them and is clearly the most evil sort of SOB.

One key thing to keep in mind here when understanding this is that under no circumstances whatsoever should you disagree, or worse, bring up annoying little facts which might be embarassing to the horrible psychological damage assessment (which comes from trained professionals like Dr. Laura, so you better not disagree). If you did, there is the risk that the stick they have up their ass start to chafe a bit, which is probably a crime against humanity. So, under no circumstances should you point out things like:

* Millions of guys in India go around completely bareassed, and in fact have their wangs wagging in the air, and nobody gives a shiat and the kids are fine.

* No, wait, it's not just India, people walk around buck naked all over and nobody gives a shiat.

* No, like, whoah, actually, there was a time when people hadn't quite invented this whole clothes thing. Wow.

I mean, if word of that got out, society would clearly crash around us. Clothing is the basis of a functional society, and it's as important, no, more important that people make sure to cover their ass at absolutely all times no matter what, than that they, say, refrain from, like, raping and killing people. A little killing, hey, that's good clean fun, we do that on TV. But OH MY farkING GOD, you'd better not let the poor chiiiiiiiiiiiildren see just one inch of bare ass or their poor widdle minds will be ruined forever!

So, is it clear now? It's critical that you understand this, or you might do something clearly criminal like fail to properly cover up all your windows with sheet metal while you change clothes, allowing some peeping tom or tina in a tree with high-power binoculars to see your wang. And if that isn't child abuse, I don't know what is! (No, really, you can get thrown in jail for that)
2003-05-31 12:05:03 PM  
I mean, if a woman DID go topless, and it's legal for MEN to do so... That's discrimination based on gender.

If a man goes up to another man and touches his chest, likely the most he'll get acused of is disorderly conduct or maybe asault, if he does that to a woman he faces life registered as a sex offender. So is the difference okay with you in one case but NOT okay with you in the other? If there's no difference, they why the difference? Is a man's chest and a woman's chest the same? How many Boobies links go to male chests?
2003-05-31 12:23:44 PM  
blah blah double standards blah blah. Dudes should never wear thongs.
2003-05-31 12:28:23 PM  
VONSANTA: too many girls are sexually active at that age now

Hell, it wasn't that many years ago a 13 year old girl was considered marrying age.
2003-05-31 12:32:44 PM  
If a man goes up to another man and touches his chest, likely the most he'll get acused of is disorderly conduct or maybe asault

In the meantime, every male athlete continues to slap teammates in the butt...
2003-05-31 12:47:36 PM  
Double standard. Of course if a man shows his thong covered ass he's a perv, but when a woman does it in front of a group of 13 year old boys, she's not a perv. Yup double standard folks.
2003-05-31 12:56:31 PM  
"Is a man's chest and a woman's chest the same?"

Pretty much. There's a few minor cosmetic differences, but that's about it, other than the organs for producing milk.

We're also similar in that I don't want random ugly women groping my chest any more than a woman wants random ugly men groping her chest. Nor would I want random ugly women ogling my studly man-boobies and making sexual comments about them.
2003-05-31 01:09:58 PM  
[image from sidekickmagazine.com too old to be available]

"What's a Pedarast?"
"Shut the fark up, Donnie"
2003-05-31 01:12:51 PM  
We're also similar in that I don't want random ugly women groping my chest any more than a woman wants random ugly men groping her chest. Nor would I want random ugly women ogling my studly man-boobies and making sexual comments about them

Nonononononononono. The difference between a man and a woman is that if a random ugly woman walked up to me and started groping my chest, I'd run away, laugh my ass off, and have a great story to tell all my friends. If a random ugly man walked up to a woman and groped her chest, he'd go to jail for sexual assault, and she'd be emotionally damaged.

Face it, women are just prudes. Lets just accept it.
2003-05-31 01:26:10 PM  
Good Christ, I'm thirteen. Would I have enjoyed that? No. Would it have scarred me? No.

Part of the problem is how ambiguous the article is. Did he accost those girls and wave his ass around? Hard to say without a better article.

And perhaps to follow suit with this article's tag, a 'titular' one might be in order?
2003-05-31 01:32:20 PM  
If the fathers of the girls held him down and tea-bagged him, what would they be charged with? I know it's illegal to tie someone up without their permission, but is their a law dealing with tea-bagging?
2003-05-31 01:35:32 PM  
The fact is that there was nothing illegal going on.

Criminal Suit - NO

Civil Suit - Well hell, you can sue anyone for almost any reason, so go nuts...

I think that is would have been a brainfart of justice for this guy to get slapped with anything by the State.
ZAZ [TotalFark]
2003-05-31 01:37:43 PM  
Here's a link to the court decision: http://www.masslaw.com/archives/ma/opin/sup/1009303.htm.

Quoting from the conclusion:

In order to satisfy the constitutional standard of specificity, we construe G. L. c. 272, 16, to prohibit the intentional exposure of genitalia, buttocks, or female breasts to one or more persons. The Commonwealth must prove beyond a reasonable doubt: (1) the defendant exposed his or her, genitals, buttocks, or female breasts to one or more persons; (2) the defendant did so intentionally; (3) the defendant did so "openly," that is, either he or she intended public exposure, or he or she recklessly disregarded a substantial risk of public exposure, to others who might be offended by such conduct; (4) the defendant's act was done in such a way as to produce alarm or shock; and (5) one or more persons were in fact alarmed or shocked by the defendant's exposing himself or herself.

Maybe some of you don't think men and women are different up top, but the law of Massachusetts says they are.
2003-05-31 01:46:20 PM  
Women are much more discreet and coy in practicing their exhibitionist tendencies

MsPentyuth Huh? You live in NYC and are saying this? I'd understand this if you were from.. uh.. Iowa maybe.. Out here in LA a majority of women aren't discreet or coy about it.. they're entirely obvious about it. I can't walk down my own street in suburbia without seeing braless women in sheer blouses or 13yr olds in hip huggers so low they should fall off.. They're all about showing skin.
2003-05-31 01:50:01 PM  
The law isn't fair. Cops aren't impartial. Selective enforcement, with so many obscure laws on the books, gives police, and the government, the right to harass anyone they want.

Authority no longer is tied to resposibility, only force.

Terrorism is alive and well in America.

2003-05-31 01:54:21 PM  
The terrorists have won.
2003-05-31 02:03:26 PM  
Massachusetts is the one of the most repressed states in the country. Their laws reflect that. Enough said.
2003-05-31 02:17:39 PM  
It's an ASS, i know when i was 13....8 years ago all the girls my age would have laughed about this.....and they were FAR FROM INNOCENT. I would say a good 70% of the girls in my school were sexually active before high school came around. How old was this guy anyways? If i were to guess it was probably a group of 17-20 year olds just pulling a prank. get over it, THE GUY DIDNT FLASH HIS SACK...it's BUTT CHEEKS PEOPLE, A PRANK
2003-05-31 02:37:19 PM  
thongs are somehow illegal now?
2003-05-31 02:54:36 PM  
I never noticed how many farkers are complete morons...


I love the justifiable morality defense
"well, if they didn't nab him or put up a stink, he could have started raping ppl"

ok, and so if I wasn't arrested for cutting the little tag off of my bed, then surely the next step would be to decapitate monkeys and drink the blood of handycapped children...I mean...so obvious.


man did no wrong, if he did, then net up those pedos at the beach in there thongs. I am sure there are some kids around there which means everyone on the beach is gonna molest someone or be molested by someone
2003-05-31 02:56:41 PM  
In our school, wearing thongs of any type is against the dress code.

But that's because our school is too retarded to fix their spelling mistake, and make it say tongs.
2003-05-31 03:47:37 PM  
[image from funkdafied.org too old to be available]

[image from pussycatclub.net too old to be available]
2003-05-31 04:04:34 PM  
In fact I wonder if any woman has ever tried to fight any regulation about that in court. I mean, if a woman DID go topless, and it's legal for MEN to do so... That's discrimination based on gender.

Women actually did fight for this in Toronto a few years back. It was declared legal for women to walk around the streets topless in the city. Some did for a couple of weeks, and then it died down. Now, nobody does it (unfortunately). I guess it's one of those "principle of the matter" things rather than actual want for it.
2003-05-31 04:04:45 PM  
Thith thong thing ith thilly.


2003-05-31 04:39:19 PM  
How is it sick for a 13 or 14 year old to wear a thong? It's underwear, people. Loosen up.
2003-05-31 06:55:26 PM  
Most girls I know these days wear thongs. Someone struck gold when they found that girls enjoy wearing a piece of string up their ass crack.
2003-05-31 07:01:15 PM  
Ayeroxor - Couldn't you have at least PS'd the guy out of the pic? :)
2003-05-31 07:02:44 PM  
Worest. Use. Of. Assasine. Tag. Ever...
2003-05-31 08:28:02 PM  
I know in NY it's ok for women to go topless. Some women challenged the law, and won in court.

It's ok in PA too, but it depends on the context. Some tard officer tried to arrest a nursing mother at a mall saying it was indecent exposure. She challenged and won. They did something in the legislature making it leagal. too.
2003-05-31 08:31:13 PM  
05-31-03 06:55:26 PM PeeOnYou

Most girls I know these days wear thongs. Someone struck gold when they found that girls enjoy wearing a piece of string up their ass crack

I don't think I enjoy it as much as I know men think it's sexy. Have the string of your thong just sticking up a bit from your jeans and their imagination goes haywire.
2003-05-31 10:38:44 PM  
GWEN: I so agree, its soooooo friggen SEXY!!
2003-06-01 03:36:33 AM  
Whats asinine is that ignorance of the law has never been protection from the law. This is a silly yet dangerous precedent. Following that lead any crime is excusable so long as the defendant can claim ignorance of the law. "Well my parent never taught me that murder, slashing, burning, and pillaging were wrong your honor..." Adobe wall the fark.
2003-06-01 03:53:45 AM  
All nakedness is good
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