Complete Home & Office Legal Guide/Complete Home and Office Legal Guide (Chestnut) (1993).ISO/stat/mpc/p250.asc

Text File | 1993-08-01 | 53KB | 1,104 lines

(3) kills or injures any animal belonging to another without
legal privilege or consent of the owner.

Subsections (1) and (2) shall not be deemed applicable to
accepted veterinary practices and activities carried on for
scientific research.

250.12. Violation of Privacy

    (1) Unlawful Eavesdropping or Surveillance. A person commits
a misdemeanor if, except as authorized by law, he:

    (a) trespasses on property with purpose to subject anyone to
eavesdropping or other surveillance in a private place; or

    (b) installs in any private place, without the consent of
the person or persons entitled to privacy there, any device for
observing, photographing, recording, amplifying or broadcasting
sounds or events in such place, or uses any such unauthorized
installation; or

    (c) installs or uses outside a private place any device for
hearing, recording, amplifying or broadcasting sounds originating
in such place which would not ordinarily be audible or
comprehensible outside, without the consent of the person or
persons entitled to privacy there.

"Private place" means a place where one may reasonably expect to
be safe from casual or hostile intrusion or surveillance, but
does not include a place to which the public or a substantial
group thereof has access.

    (2) Other Breach of Privacy of Messages.  A person commits a
misdemeanor if, except as authorized by law, he:

    (a) intercepts without the consent of the sender or receiver
a message by telephone, telegraph, letter or other means of
communicating privately; not extend to (i) overhearing of
messages through a regularly installed instrument on a telephone
party line or an extension, or (ii) interception by the telephone
company or subscriber incident to enforcement of regulations
limiting use of the facilities or incident to other normal
operation and use; or

    (b) divulges without the consent of the sender or receiver
the existence or contents of any such message if the actor knows
that the message was illegally intercepted, or if he learned of
the message in the course of employment with an agency engaged in
transmitting it.

ARTICLE 251
PUBLIC INDECENCY


251.1. Open Lewdness

    A person commits a petty misdemeanor if he does any lewd act
which he knows is likely to be observed by others who would be
affronted or alarmed.

251.2. Prostitution and Related Offenses

    (1) Prostitution. A person is guilty of prostitution, a
petty misdemeanor, if he or she:

    (a) is an inmate of a house of prostitution or otherwise
engages in sexual activity as a business; or

    (b) loiters in or within view of any public place for the
purpose of being hired to engage in sexual activity.

    "Sexual activity" includes homosexual and other deviate
sexual relations. A "house of prostitution" is any place where
prostitution or promotion of prostitution is regularly carried on
by one person under the control, management or supervision of
another. An "inmate" is a person who engages in prostitution in
or through the agency of a house of prostitution. "Public place"
means any place to which the public or any substantial group
thereof has access.

    (2) Promoting Prostitution. A person who knowingly promotes
prostitution of another commits a misdemeanor or felony as
provided in Subsection (3). The following acts shall, without
limitation of the foregoing, constitute promoting prostitution:

    (a) owning, controlling, managing, supervising or otherwise
keeping, alone or in association with others, a house of
prostitution or a prostitution business; or

    (b) procuring an inmate for a house of prostitution or a
place in a house of prostitution for one who would be an inmate;
or

    (c) encouraging, inducing, or otherwise purposely causing
another to become or remain a prostitute; or

    (d) soliciting a person to patronize a prostitute; or

    (e) procuring a prostitute for a patron; or

    (f) transporting a person into or within this state with
purpose to promote that person's engaging in prostitution, or
procuring or paying for transportation with that purpose; or

    (g) leasing or otherwise permitting a place controlled by
the actor, alone or in association with others, to be regularly
used for prostitution or the promotion of prostitution, or
failure to make reasonable effort to abate such use by ejecting
the tenant, notifying law enforcement authorities, or other
legally available means; or

    (h) soliciting, receiving, or agreeing to receive any
benefit for doing or agreeing to do anything forbidden by this
Subsection.

    (3) Grading of Offenses Under Subsection (2). An offense
under Subsection (2) constitutes a felony of the third degree if:

    (a) the offense falls within paragraph (a), (b) or (c) of
Subsection (2); or

    (b) the actor compels another to engage in or promote
prostitution; or

    (c) the actor promotes prostitution of a child under 16,
whether or not he is aware of the child's age; or

    (d) the actor promotes prostitution of his wife, child, ward
or any person for whose care, protection or support he is
responsible.

Otherwise the offense is a misdemeanor.

    (4) Presumption from Living off Prostitutes. A person, other
than the prostitute or the prostitute's minor child or other
legal dependent incapable of self-support, who is supported in
whole or substantial part by the proceeds of prostitution is
presumed to be knowingly promoting prostitution in violation of
Subsection (2).

    (5) Patronizing Prostitutes. A person commits a violation if
he hires a prostitute to engage in sexual activity with him, or
if he enters or remains in a house of prostitution for the
purpose of engaging in sexual activity.

    (6) Evidence. On the issue whether a place is a house of
prostitution the following shall be admissible evidence: its
general repute; the repute of the persons who reside in or
frequent the place; the frequency, timing and duration of visits
by non-residents. Testimony of a person against his spouse shall
be admissible to prove offenses under this Section.

251.3. Loitering to Solicit Deviate Sexual Relations

    A person is guilty of a petty misdemeanor if he loiters in
or near any public place for the purpose of soliciting or being
solicited to engage in deviate sexual relations.



251.4. Obscenity

    (1) Obscene Defined. Material is obscene if, considered as a
whole, its predominant appeal is to prurient interest, that is, a
shameful or morbid interest, in nudity, sex or excretion, and if
in addition it goes substantially beyond customary limits of
candor in describing or representing such matters. Predominant
appeal shall be judged with reference to ordinary adults unless
it appears from the character of the material or the
circumstances of its dissemination to be designed for children or
other specially susceptible audience. Undeveloped photographs,
molds, printing plates, and the like, shall be deemed obscene
notwithstanding that processing or other acts may be required to
make the obscenity patent or to disseminate it.

    (2) Offenses. Subject to the affirmative defense provided in
Subsection (3), a person commits a misdemeanor if he knowingly or
recklessly:

    (a) sells, delivers or provides, or offers or agrees to
sell, deliver or provide, any obscene writing, picture, record or
other representation or embodiment of the obscene; or

    (b) presents or directs an obscene play, dance or
performance, or participates in that portion thereof which makes
it obscene; or

    (c) publishes, exhibits or otherwise makes available any
obscene material; or

    (d) possesses any obscene material for purposes of sale or
other commercial dissemination; or

    (e) sells, advertises or otherwise commercially disseminates
material, whether or not obscene, by representing or suggesting
that it is obscene.

    A person who disseminates or possesses obscene material in
the course of his business is presumed to do so knowingl