exhibitionism/pornography in IL

[ariesram2]

this is for the state of illinois in the city of chicago regarding exhibitionism/indecent exposure:
you're walking around naked in your home and someone looks in your window and sees you...is this illegal?
looks in your window and sees you having sex with someone...illegal? masturbating...illegal?
are certain contexts important...i.e, you live in a 'garden' (basement) apartment, and therefore it's easier for someone to see you (they walk by on the sidewalk) vs. living in a highrise, and someone needs binoculars to see you.

other question:
you're in an airplane, you open your laptop, and watch pornography on the DVD player...there are adults on either side of you...is this indecent exposure and illegal? what if there was a minor sitting next to you?...illegal?
thanks!

 

[I AM ALWAYS LIABLE]

My response:

You're decribing an idiot. Illegal ?

IAAL

 

[ariesram2]

your response was not an answer to my question(s).
whether or not the person is an idiot is a moot point..are the actions illegal?

 

[stephenk]

are you asking about a specific crime you have been charged with or is this just an exercise on criminal law?

 

[ariesram2]

i have not been charged...just curious what the legalities of the situation are. do you know? thanks!
(i don't like that mean person IAAL)

 

[I AM ALWAYS LIABLE]

"i don't like that mean person IAAL"

====================================


My response:

Neither do I.

IAAL

 

[stephenk]

each of the scenarios you describe are fact specific. Go and try some of the scenarios and see what happens. Or better yet look up the criminal statutes for the facts you are describing and research the case law on those statutes.

 

[nowpastdue]

I am NOT an attorney.

It is not illegal for you to walk around in your residence naked, nor is having sex in your apartment, masturbating is not illegal. Purposedly exposing oneself vs accidental exposing is the determining factor.

If you were to say put your stuff on the window and wave at passerby's , have sex in front of a picture window at street level, or masturbating in either setting, these are illegal.


The laptop with the adults is objectionable and offensive, but illegal?
Would probably depend on what state the plane was over. The laptop with the kid is illegal and would make you a winner of an all expenses paid ride in a black and white upon arrival.

Are you positive you have done your homework tonight?

 

[vida]

Chicago's Public Morals Section 8-8-070 "Indecent acts and words," states:

"Any person who shall commit any indecent, lewd, or filthy act in any public place in the city; who shall utter lewd or filthy words, sing any song the words of which are suggestive of indecency or immorality, or use any threatening or abusive language in the hearing of other persons who shall make any obscene gesture in the presence of other persons; or, who shall make any overture of lewdness, tending to pervert the morals of any person, upon or in the public ways or other public places or in any public conveyance in the city, is hereby declared to be a common nuisance and shall be fined not to exceed $200.00 for each offense.

Chicago Public Morals law, Section 8-8-80 "Indecent exposure or dress" should be enforced, which states:

"Any person who shall appear, bathe, sunbathe, walk or be in any public park, playground, beach or the water adjacent thereto, or any school facility and the area adjacent thereto, or any municipal building and the areas adjacent thereto, or any public way within the city of Chicago in such a manner that the genitals, vulva, pubis, pubic hair, buttocks, perineum, anus, anal region, or pubic hair region of any person, or any portion of the breast at or below the upper edge of the areola thereof of any female person, is exposed to public view or is not covered by an opaque covering, shall be find not less than $20.00 nor more than $500.00 for each offense.

I'd bet dollars to donut holes if someone performed the acts you describe they would be arrested and convicted. It would take many $$$ to attempt to overturn those convictions.

 

[ariesram2]

thanks for the research on that, vida. however, the key words in both those statutes is 'public'...if i'm in my home, that's 'private', even though people may be able to look through the window. so how is that illegal?
and thanks, nowpastdue, i agree about the waving, letting people know you're aware they're watching...that that would be illegal...

 

[nowpastdue]

I am NOT an attorney.

The 2 posted citations by vida refer to "public places", the author spoke of acts done in non-public areas. They don't apply.

 

[nowpastdue]

I am NOT an attorney.

"if i'm in my home, that's 'private', even though people may be able to look through the window. so how is that illegal?"

Yes, you have the expectation of privacy in your home but you also have to provide privacy. You do that with curtains, blinds, doors, lights out, etc.

Purposedley allowing someone to view the acts you descibed by not providing a visual barrier is exposing private parts of the body to public view and is illegal.

 

[I AM ALWAYS LIABLE]

I am NOT an attorney.

"if i'm in my home, that's 'private', even though people may be able to look through the window. so how is that illegal?"

Yes, you have the expectation of privacy in your home but you also have to provide privacy. You do that with curtains, blinds, doors, lights out, etc.

Purposedley allowing someone to view the acts you descibed by not providing a visual barrier is exposing private parts of the body to public view and is illegal.

My response:

"Purposedley"?

IAAL

 

[mykoleary]

If ariesram2 posts several sex related questions on a legal advice web site and then masturbates at home while reading the responses, is that a public or private display?

 

[loocpoc]

Chicago's Public Morals Section 8-8-070 "Indecent acts and words," states:

"Any person who shall commit any indecent, lewd, or filthy act in any public place in the city; who shall utter lewd or filthy words, sing any song the words of which are suggestive of indecency or immorality, or use any threatening or abusive language in the hearing of other persons who shall make any obscene gesture in the presence of other persons; or, who shall make any overture of lewdness, tending to pervert the morals of any person, upon or in the public ways or other public places or in any public conveyance in the city, is hereby declared to be a common nuisance and shall be fined not to exceed $200.00 for each offense.

Chicago Public Morals law, Section 8-8-80 "Indecent exposure or dress" should be enforced, which states:

"Any person who shall appear, bathe, sunbathe, walk or be in any public park, playground, beach or the water adjacent thereto, or any school facility and the area adjacent thereto, or any municipal building and the areas adjacent thereto, or any public way within the city of Chicago in such a manner that the genitals, vulva, pubis, pubic hair, buttocks, perineum, anus, anal region, or pubic hair region of any person, or any portion of the breast at or below the upper edge of the areola thereof of any female person, is exposed to public view or is not covered by an opaque covering, shall be find not less than $20.00 nor more than $500.00 for each offense.

The first law was overturned in Cook county court for being unconstitutional as were parts of the second law.