I have a meeting with the City Attorney Tomorrow
I have an appt. with the city attorney tomorrow to discuss the case. This is what I've written up... what do you think...
Thank you for your time today, I was hoping to discuss Case Number 03-03874 the count being Public Indecency.
The ORS Definition of Public indecency is;
(1) A person commits the crime of public indecency if while in, or in view of, a public place the person performs:
(a) An act of sexual intercourse;
(b) An act of deviate sexual intercourse; or
(c) An act of exposing the genitals of the person with the intent of arousing the sexual desire of the person or another person.
ORS Statute 163.305 defines "Deviate sexual intercourse" as sexual conduct between persons consisting of contact between the sex organs of one person and the mouth or anus of another.
I never believed I had committed the offense of Public Indecency and I still believe that after reading the Custody Report filed by Officer Brown on the evening of the incident, 07MAY03. This custody report makes no mention of either person’s sex organs making contact with each other, the mouth or the anus. Which is what’s clearly stated in the statute.
I am guilty of committing an act of bad taste. After thinking about what we DID do, I am very sorry. I am an uncle that has a very close relationship with my two nephews and niece. I would’ve been offended if I had seen this on my street.
I really feel that this charge should be dropped due to the fact that this was not public indecency by definition of the Oregon State Legislature's definition of Public Indecency of which I was charged.