Friday, March 8, 2013


BROWNSVILLE'S LOSS AS SPRING BREAKERS GO TO SPI'S UNOFFICIAL NUDE BEACH INSTEAD OF BOCA CHICA'S OFFICIAL NUDE BEACH

For the record so long as there is no sexual issues, it is only a class "C" ticket to be naked on the beach.  Men can technically wear jock straps, but unfortunately Texas law enforcement does not know the difference between an anus and buttocks.  Unless you are spreading your  cheeks, your anus is not exposed.

"Penal Code, §42.01. Disorderly Conduct.

(a)(10) A person commits an offense if he intentionally or knowingly exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act.

(c)(1) For purposes of this section an act is deemed to occur in a public place if it produces its offensive or proscribed consequences in the public place.

(d) An offense under this section is a Class C misdemeanor.


Elements of a §42.01 offense, a person;


  • Exposes prohibited body parts in a public place


  • Is reckless about whether another person will be offended or alarmed


Definition of a public place

In general the laws of Texas define a public place as “any place to which the public or a substantial group of the public has access,” but §42.01 expands the definition to include private property if the act of nudity “produces its offensive or proscribed consequences in the public place.” In plain English this means an act of nudity on private property that can be reasonably observed from a public vantage point can be prosecuted if the exposure is deemed reckless and someone is offended.""

Although nudity on your private property may be legal.

c)  For purposes of this section:
(1) an act is deemed to occur in a public place or near a private residence if it produces its offensive or proscribed consequences in the public place or near a private residence;

See discussion

Anyways, Brownsville hotels and Brownsville are losing a fortune because our Commissioners Court has refused to designate a small part of Boca Chica near the mouth of the river clothing optional.  But to Spring Breakers - so long as there is no sexual intent or acts, the most you will get is a class C ticket.  If they try and arrest you for wearing a jock strap challenge the officer to point out exactly how you are exposing your anus - you are not - but then our police are not trained in anatomy.

Texas Court of Criminal Appeals verifies simple public nudity on beach is only a class C

The general issue is on its way to the US Supreme Court.  The  court will uphold San Fransisco's law banning some nudity because it is not an absolute ban.  The opinion however will make note the state cannot ban all nudity.  There must be some accommodation. 

So guys, have at it on Boca Chica - so long as there is no sexual intent you will get a class C ticket - fight it - demand a jury trial - take it on appeal - if enough people do it, maybe Cameron county will realize just how much money it is losing through its prudishness.

But remember the class C could remain on your record - unless you find a way to get it dismissed by simply paying a small fine and promising to not do it again until next year.

Guys if you are arrested for wearing a jock strap - demand the officer take a picture of what he believes to be your anus - the case will be tossed on the evidence - of if you will lack of anus.

2 comments:

Anonymous said...

Our local Police officers are not too bright when it comes to understanding the complexities of the law, they will just arrest you and will use the old chestnut of disorderly conduct. Their attitude is you "can beat the rap, but you can't beat the ride".

That means that, guilty or innocent, those hours you spend in jail are going to suck, and it’s at the cop’s discretion whether or not you’re going to endure them. The “ride” in question is the ride in the police car.

All to often, police in an effort to avenge what they believe to be personally disrespectful conduct and will make an arrest for disorderly conduct. Such conduct may include:


QUESTIONING A POLICE OFFICER’S CONDUCT
LOUD LANGUAGE DIRECTED AT A POLICE OFFICER
INAPPROPRIATE GESTURES
CURSING AT A POLICE OFFICER

It is unfortunate that our local PD and Sheriff's Dept are too lax with the educational requirements for the job of police officer. I for one want an college degree in criminal justice as a requirement. It is all too common to see educational requirements being watered down by the applicant having previous "experience".

BobbyWC said...

Guys you raise and important issue

TO ALL SPRING BREAKERS:

Whether you have done something wrong or not - just apologize to the officer and be as nice as possible - promise to behave - promise to put your bathing suit back on - just be as nice as possible

This goes a long way with a lot of police officers

Bobby WC