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10-20-2006, 08:30 PM
Judge drops indecent exposure charge against woman - The Californian / North County Times - (http://www.nctimes.com/articles/2006/10/19/news/californian/8_04_2610_18_06.txt): "RIVERSIDE -- The decision by a judge to dismiss an indecent exposure count against a woman -- because she is a woman -- is being questioned and appealed by the Riverside County district attorney's office.
Judge Robert W. Armstrong dismissed the case against 40-year-old Alexis Luz Garcia at a hearing at the Hall of Justice in Riverside on Monday -- the day both sides were set to select a jury for the Corona woman's trial.
Garcia was accused of disrobing and sitting naked outside her home in an attempt to get a teen boy who lived next door to stop playing basketball because, she said, he was being too loud.
The legal issue, according to transcripts of the proceeding, is the judge's belief that the California Penal Code section covering indecent exposure is, in Armstrong's words, 'gender specific.'
Penal Code Section 314, subsection 1, states that 'every person who willfully and lewdly exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed' ... is guilty of a misdemeanor.
'Usually when a section proscribes conduct, it's 'his or her,'' Armstrong said, according to the transcript. 'This one is not. It's gender specific. It's 'his.''
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More... (http://feeds.feedburner.com/~r/Sxxxyorg/~3/39420558/judge-drops-indecent-exposure-charge.html)
Judge Robert W. Armstrong dismissed the case against 40-year-old Alexis Luz Garcia at a hearing at the Hall of Justice in Riverside on Monday -- the day both sides were set to select a jury for the Corona woman's trial.
Garcia was accused of disrobing and sitting naked outside her home in an attempt to get a teen boy who lived next door to stop playing basketball because, she said, he was being too loud.
The legal issue, according to transcripts of the proceeding, is the judge's belief that the California Penal Code section covering indecent exposure is, in Armstrong's words, 'gender specific.'
Penal Code Section 314, subsection 1, states that 'every person who willfully and lewdly exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed' ... is guilty of a misdemeanor.
'Usually when a section proscribes conduct, it's 'his or her,'' Armstrong said, according to the transcript. 'This one is not. It's gender specific. It's 'his.''
"http://feeds.feedburner.com/~f/Sxxxyorg?i=dZGMdjhu</img> (http://feeds.feedburner.com/~f/Sxxxyorg?a=dZGMdjhu) http://feeds.feedburner.com/~f/Sxxxyorg?i=v11D5I7y</img> (http://feeds.feedburner.com/~f/Sxxxyorg?a=v11D5I7y) http://feeds.feedburner.com/~f/Sxxxyorg?i=dPFfzf2v</img> (http://feeds.feedburner.com/~f/Sxxxyorg?a=dPFfzf2v) http://feeds.feedburner.com/~f/Sxxxyorg?i=7lM3gfKT</img> (http://feeds.feedburner.com/~f/Sxxxyorg?a=7lM3gfKT)
More... (http://feeds.feedburner.com/~r/Sxxxyorg/~3/39420558/judge-drops-indecent-exposure-charge.html)