Harassment, Stalking, Misconduct Masterbating in public

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hawaiibum

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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 over. 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 ?
 
Q: It seems to me as a weak case, anyone have any thoughts ?

A: Yes; hire a lawyer.
 
So you do not deny that you did this?

A car is not considered a reasonable expectation of privacy.

She seems like a good enough witness and if more people saw you, you would probably be facing more counts.

I have no idea whether you'll be convicted but this could label you a sex offender. You are lucky if you were only being held on 100.00 bail.

You might want to re-think doing this activity while driving.
 
Thank you for your reply. Of course I deny the charge. Im wondering why the only legal advice I have got here is suggesting that I hire a lawyer. Im looking for some legal discussion, can I find that here ?

To start with, under Hawaiian Law: 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 act OR you must tresspass on to their property to arouse yourself. If a person drives by somebody, a random stranger and he is masterbating in a moving car masterbating...can the State prove that I intended for the victim to see this actiivity ? The element of intent is part of the statute.

It is my beleif that If you stand in a public or your own private place and masterbate in such a way they can't see your genitals, you're not guilty of that particular statute. Rather the offense would be the lesser of offense of public lewdness or indecent exposure.


Does anyone agree or disagree ?
 
Q: Does anyone agree or disagree ?

A: This forum is not for hypothetical questions or philosophical discourses. The best legal advice you can get is just this: Hire a lawyer.
 
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