Brief Fact Summary. Appellants were arrested for indecent exposure for sunbathing nude on a beach accessible to the public. Appellants allege they did not have the requisite intent for the crime.
Synopsis of Rule of Law. Criminal intent can be established by some action by which a defendant either draws attention to his exposure or by display in a place so public that it must be presumed it was intended that he be seen by others.
Issue. Whether Appellants possessed the requisite intent for the crime they were convicted of.
Held. Affirmed, there was enough evidence to justify an inference beyond a reasonable doubt that the beach was so public that Appellant had the requisite intent for creating a common nuisance.
Intent is an element of the crime of common nuisance defined by the statute. The statute requires general intent, not specific intent.
Intent may be inferred from the conduct of the accused and the circumstances and environment of the occurrence.
The criminal intent necessary is usually established by some action by which the defendant either draws attention to his exposed condition or by display in a place so public that it must be presumed it was intended to be seen by others.
It was said that a person has a halo of privacy wherever he goes and can invoke a protectable right to privacy wherever he may legitimately be and reasonably expect freedom from governmental intrusion.View Full Point of Law