Man Convicted for Indecent Exposure...In His Own Home
Yep, that’s right. Eric Williamson was convicted of violating Virginia’s indecent exposure law. This case received national attention because of the fact that Williamson was in his own home at the time of the offense.
Police arrested Williamson after a mother and her 7-year-old son claimed that as they walked by Williamson’s home, he made a point of making his “naked self” visible to them.
Under California’s “indecent exposure” law, Penal Code 314 PC, unless Williamson purposely “flashed” himself to the mother and son and drew attention to his genitals, he could not have been convicted of indecent exposure. This is because California’s “indecent exposure” law under Penal Code 314 PC requires
- that you intentionally expose yourself or your “private parts”,
- in a public area or area where people were present and likely to be offended, and
- you acted in a lewd manner while drawing attention to your genitals.
Given this brief description of Williamson’s offense, it doesn’t appear that he is guilty of violating California’s indecent exposure law. He maintains that he was simply packing in the nude, exercising his personal freedom to do so.
The witnesses didn’t testify that Williamson was “aroused” or that he gestured to them or made any other lewd or obscene movements…just that he was naked and visible to them from the path in front of his home.
Courts have historically ruled that “nudity” by itself isn’t obscene and doesn’t rise to the level of indecent exposure without additional lewd conduct. Maybe it’s time someone shared that information with the sentencing judge.
