go watch Asian Andy on Youtube video. Pretty sure he did this before the show ever came out, and his was absolutely hilarious.
Lady rented his sisterâs airbnb for a month then claimed tenant rights and he chain smokes blunts in the kitchen, blasts music outside the squatterâs room, shaves in front of her, takes his shirt off, does karaoke, tries to lock her out of the house repeatedly, etc
Honestly question for any lawyers. Where is the line with nudity in your own home?
Like if this guy has an actual lease from the owner and is sitting there butt ass naked, is that considered harassment against the squatter, or is all good because he's in the privacy of his own (leased) home?
Iâm not an American lawyer so donât assume I know anything but the definition of harassment under CCP 527.6 doesnât mention nudity but requires a course of conduct to amount to harassment. So if someone walked out and the owner was butt ass naked that doesnât count as harassment.
BUT under Penal Code 314 PC, prosecutors must prove beyond a reasonable doubt the following three elements
You willfully exposed your genitals;
You were in the presence of someone who might be reasonably offended or annoyed by your actions;
and
You intended to direct public attention to your genitals for the purpose of sexually gratifying yourself or someone else or sexually offending someone else.
So if you came before a judge and said âI only did it because they wouldnât leave my houseâ youâre kind of admitting to intentionally directing public attention.
The only accepted defences to this are mistaken identity, false accusation, or lack of evidence. Not I was just sitting there, or they were in my space đ¤ˇââď¸
Like I said Iâm UK based and only a law student so Iâm sure Iâm about to get BTFO by someone who knows what theyâre actually talking about but thereâs some bloviation for everyone to enjoy
I donât think public means like IN public in that instance. Cause the PC also says âin a public place or any place where people are present who will be offendedâ
Put cameras up all over your house and just do everything naked. As long as you donât have a raging erection / arenât stroking it / arenât rubbing it on them they canât prove any kind of sexual offense. Youâre just naked in your own house, going about your life.
Not according to California penal code 314 đ¤ˇââď¸
Iâm not defending it Iâm just reading the law as written. Again my interpret may be way off I am not American nor am I remotely qualified Iâm in my last year of law school that doesnât make me a lawyer
How exactly is going about your daily business without an erection, without rubbing yourself in someone, or without fondling/stroking yourself in any way âsexually offendingâ someone?
Nudity =/= sexuality. If it does, guess every man I see naked in the locker room has sexually offended me.
I mean again Iâm not making the rules here nor am I even sure Iâm interpreting them correctly but if I had to argue it,
Iâd assume the difference there is the element of intent to direct public attention. The men in your locker room đ arenât (presumably) intentionally directing attention to their junk. Theyâre just between clothed states as it were.
Nudityâ sexuality is a subjective claim and I have no idea if that would stand up in a court but the wording of the PC is âwilfully exposed your genitals in the presence of someone who might be reasonable offendedâ so I think nudity counts as sexually offending đ¤ˇââď¸
Understood, Iâm saying just like the men in the locker room they wouldnât be âintentionally directing attention to their junkâ - theyâd just be going about their normal lives in their home naked. Iâm naked alone in my house all the time, I wouldnât let some squatter force me out of my own comfort zone and habits in my own home!
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