PghTFguy
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Location: Pittsburgh, PA
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Info on Pennsylvania
Here is a summary of PA state laws applicable to sexual offenses and public decency. These first two overlap some, but both appear under Title 18 of The Pennsylvania Consolidated Statutes. The third piece more concerns the media and performances.
First, the indecent exposure laws:
<begin snip>
ARTICLE B. Offenses Involving Danger to the Person
Chapter 31, Sexual Offenses.
§ 3127. Indecent exposure.
(a) Offense defined.--A person commits indecent exposure if that person exposes his or her genitals in any public place or in any place where there are present other persons under circumstances in which he or she knows or should know that this conduct is likely to offend, affront or alarm.
(b) Grading.--If the person knows or should have known that any of the persons present are less than 16 years of age, indecent exposure under subsection (a) is a misdemeanor of the first degree. Otherwise, indecent exposure under subsection (a) is a misdemeanor of the second degree.
<end snip>
The rest of Chapter 31 concerns sexual assault of various sorts.
Second, the public decency laws:
<begin snip>
ARTICLE F. Offenses Against Public Order and Decency
CHAPTER 59. PUBLIC DECENCY
§ 5901. Open lewdness.
A person commits a misdemeanor of the third degree if he does any lewd act which he knows is likely to be observed by others who would be affronted or alarmed.
<end snip>
[quoting the website from which this came:] Section 3127 (relating to indecent exposure) formerly was distinguished from an offense under Section 5901 by the fact that indecent exposure required the indecent act to be for purposes of sexual gratification. Since a change was made in the statutory definition of the offense in that section, there no longer is much to distinguish the two offenses.
Third, the laws pertaining to sexual materials, in particular public performances and printed materials. This section is VERY long, so I will only quote the few lines that most closely apply to topfreedom.
<begin snip>
§ 5903. Obscene and other sexual materials and performances.
(a) Offenses defined.--No person, knowing the obscene character of the materials or performances involved, shall:
5. produce, present or direct any obscene performance or participate in a portion thereof that is obscene or that contributes to its obscenity;
(b) Definitions.--As used in this section the following words and phrases shall have the meanings given to them in this subsection:
"Nude."
Means showing the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or showing the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple.
"Performance."
Means any play, dance or other live exhibition performed before an audience.
<end snip>
A couple of observations:
* Pennsylvania does not have its laws online in a publicly accessible website.
* The above was quoted from a private website maintained by a District Court. It is reasonably complete, but makes clear that it is not completely up to date.
* URL to the website: http://home.att.net/~judiciary/index.html
I am not a lawyer. I do not pretend to be able to interpret the law as would someone with a law degree and in private practice.
Two other major pieces missing: First is case law. I have not attempted to research court cases that may have clarified (or muddied) the interpretation of these laws. Second is local laws. Cities and towns are expressly given permission to enact and enforce more stringent laws than those at the state level.
There also may be other laws elsewhere in the Statutes, or other organizations such as the Fish and Boat Commission, or other entities, which may have their own rules. I have not attempted to track these down, either.
That said, this is at least a brief primer on the Pennsylvania legal climate concerning topfreedom. As I learn more, I will post it in this thread.
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7/10/2008, 11:17 pm
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wannabenaked
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Registered: 11-2007
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Re: Info on Pennsylvania
Thanks for doing the research. I am looking forward to whatever else you may dig up.
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7/13/2008, 6:22 am
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