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Legislators push to criminalize public indecent exposure

September 14, 2023 | Criminal Code Evaluation Task Force, Utah Subcommittees, Commissions and Task Forces, Utah Legislative Branch, Utah


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Legislators push to criminalize public indecent exposure
In a recent government meeting, lawmakers discussed the need to address gaps in existing legislation regarding indecent exposure, particularly concerning the act of exposing others in public. Representative Lisenby highlighted that current laws only apply to individuals exposing themselves, leaving a loophole for situations where one person forcibly removes another's clothing in public, commonly referred to as \"pantsing.\"

To tackle this issue, the committee explored several legislative options. John Feiner, a staff member, presented potential amendments to existing laws, emphasizing the importance of clarifying the legal framework surrounding such actions. The discussions centered on three main approaches:

1. **Amending the Lewdness Statute**: This option would explicitly criminalize the act of exposing another person in public. It would focus on specific body parts that must be exposed for the act to be considered lewdness, reinforcing that the public is the primary victim of such behavior.

2. **Amending the Sexual Battery Statute**: This approach would broaden the definition to include scenarios where clothing is removed without consent, regardless of whether the act occurs in public or private settings. It would classify the act as sexual in nature, making consent a critical factor in prosecution.

3. **Enacting a Simple Battery Statute**: The most comprehensive option, this would allow for charges against individuals who forcibly remove another's clothing, regardless of the context. It would not require the act to be sexual or public, thus covering a wider range of scenarios.

The committee acknowledged that while some municipalities have local battery ordinances, a state-level statute could provide clearer guidance and enforcement capabilities. The discussions aimed to spur further conversation on how best to protect individuals from such violations and ensure that the law adequately addresses these behaviors. The committee plans to continue exploring these options and gather input from various stakeholders before moving forward with potential legislative changes.

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