Is Masterbating while driving really a prosecuteable offense ?

[hawaiibum]

What is the name of your state? Hawaii:

Driving in Hilo, Hawaii I was pulled over by the police. I fit the description of someone who had exposed themselves to a woman a few streets later. After 30 minutes, the police drove by a woman who stated that I was masterbating while looking at her and driiving down a city street. This is a crowded metro area with lots of pedestrians. I was arrested and charged with Sexual Assault in the Fourth Degree. I have no prior history of this type of behavior.

1. Is it really against the law to have sex with ones self while driving a priivate vehicle down a public road ?

2. Under Hawaii's law is it not the State's Burden to prove that I singled out this particular pedestrian as the object of my sexual gradification ? If this is so, would it be possible for the state to meet the burden of proof with nothing more than a single witness >?

3. I may be misreading the Hawaii Law, but with all the pedestrians around, I would have had to of exposed myself to this girl, singled her out and the state would need to prove that to prove criminal intent ? Is that correct ?

4. What is the likelihood of receiving any jail time on this charge. I bonded out for $100.


It seems to me as a weak case, anyone have any thoughts ?

[Shay-Pari'e]

Come on, the police didn't arrest you because someone said you were doing yourself in your car! How could they tell? Um, do they have proof?

[Happy Trails]

We don't know what the woman saw and what her statement to the police was.

If she only assumed you were doing that and didn't see anything, the charge below may have fit the offense better than the one you are being charged with.
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§712-1217 Open lewdness. (1) A person commits the offense of open lewdness if in a public place the person does any lewd act which is likely to be observed by others who would be affronted or alarmed.

(2) Open lewdness is a petty misdemeanor.
----------------------

However, can you be sure she didn't see anything?

[acmb05]

Originally Posted by hawaiibum

What is the name of your state? Hawaii:

Driving in Hilo, Hawaii I was pulled over by the police. I fit the description of someone who had exposed themselves to a woman a few streets later. After 30 minutes, the police drove by a woman who stated that I was masterbating while looking at her and driiving down a city street. This is a crowded metro area with lots of pedestrians. I was arrested and charged with Sexual Assault in the Fourth Degree. I have no prior history of this type of behavior.

1. Is it really against the law to have sex with ones self while driving a priivate vehicle down a public road ?

2. Under Hawaii's law is it not the State's Burden to prove that I singled out this particular pedestrian as the object of my sexual gradification ? If this is so, would it be possible for the state to meet the burden of proof with nothing more than a single witness >?

3. I may be misreading the Hawaii Law, but with all the pedestrians around, I would have had to of exposed myself to this girl, singled her out and the state would need to prove that to prove criminal intent ? Is that correct ?

4. What is the likelihood of receiving any jail time on this charge. I bonded out for $100.


It seems to me as a weak case, anyone have any thoughts ?

Absolutely nothing I can say but OMFG get some help man.

[Zigner]

Originally Posted by acmb05

Absolutely nothing I can say but OMFG get some help man.

If he had help - he wouldn't have been charged with that particular offense to begin with

[AhhCRAPP]

You said that you fit the description, so did you actually do it?

thats funny how someone can see you jerking off in your car, you must have drove right by her to see you.

[seniorjudge]

Threads like these almost make me miss IAAL!

[FlyingRon]

I don't believe you are guilty of this. To be guilty of sexual assault in the forth degree you either have to force someone to have sex OR expose someone to your genitals during an acct OR you must tresspass on to their property to arouse yourself.

If you stand in a public or your own private place and beat off in such a way they can't see your genitals, you're not guilty of that particular statute.

I'd get a lawyer to help you fight this one. You don't want this conviction and you're not guilty.

[cbg]

I have just one word to say on this subject...

Ewwwwwwww.

[Ohiogal]

What is the name of your state? Hawaii:

Driving in Hilo, Hawaii I was pulled over by the police. I fit the description of someone who had exposed themselves to a woman a few streets later.

I am impressed that you were pulled over by the police and charged with a crime BEFORE you actually committed it. You fit the description of someone who exposed themselves AFTER they pulled you over? Those police are amazing. Wasn't that a Tom Cruise movie?

[Shay-Pari'e]

Originally Posted by Ohiogal

I am impressed that you were pulled over by the police and charged with a crime BEFORE you actually committed it. You fit the description of someone who exposed themselves AFTER they pulled you over? Those police are amazing. Wasn't that a Tom Cruise movie?

LMAO! You have a pm OG.

[Shay-Pari'e]

Originally Posted by FlyingRon

I don't believe you are guilty of this. To be guilty of sexual assault in the forth degree you either have to force someone to have sex OR expose someone to your genitals during an acct OR you must tresspass on to their property to arouse yourself.

If you stand in a public or your own private place and beat off in such a way they can't see your genitals, you're not guilty of that particular statute.

I'd get a lawyer to help you fight this one. You don't want this conviction and you're not guilty.

Pretty extreme to tell him he is NOT GUILTY.

[hawaiibum]

The law is full of extremes.

It is the burden of the State to prove each element of the offense. With nothing more than the statement of a single witness, it would seem that burden is quite heavy in this case.


It is my beleif that no matter what the witness testifies to on the stand, the State cannot prove I intentionally showed her my genitals. I was driving down the road and she was a ramdom pedestrian. It is my beleif that the State will likely avoid trial in this case.

Please comment.

[Some Random Guy]

With nothing more than the statement of a single witness, it would seem that burden is quite heavy in this case.

In this case it is the word of a witness who has no prior bais against you versus your word, which the court may see as lying to protect yourself. Your lawyer will be able to get the police reports which may detail more evidence against you.

It is my beleif that the State will likely avoid trial in this case.

Your beliefs and the prosecutions beliefs may differ here. Get a lawyer.

[hawaiibum]

Any guesses on a potential sentence if found guilty ?