Utah Criminal Code Chapter 9 §702-5

This is a delightful little statute. It bans “Lewdness involving a child” within the state of Utah.

I quote:

A person is guilty of lewdness involving a child if the person under circumstances not amounting to rape of a child, object rape of a child, sodomy upon a child, sexual abuse of a child, aggravated sexual abuse of a child, or an attempt to commit any of those offenses, intentionally or knowingly:
(a) does any of the following in the presence of a child who is under 14 years of age:
(i) performs an act of sexual intercourse or sodomy;
(ii) exposes his or her genitals, the female breast below the top of the areola, the buttocks, the anus, or the pubic area:
(A) in a public place; or
(B) in a private place under circumstances the person should know will likely cause affront or alarm or with the intent to arouse or gratify the sexual desire of the actor or the child;

…(iii and iv omitted)

I’m going to pare this down for you a bit:

A person is guilty of lewdness involving a child if the person [does not commit or attempt to commit a more serious sexual crime, but]:

(a) does any of the following in the presence of a child who is under 14 years of age:

(ii) exposes the female breast below the top of the areola

(B) in a private place under circumstances the person should know will likely cause affront or alarm or with the intent to arouse or gratify the sexual desire of the actor or the child;

Got that? Exposing a female breast in the presence of a child, while in a private place, is a crime if anyone will “likely” feel affronted or alarmed.

Interesting little statute there. I’m sure it would never be abused by any misogynistic prosecutors in the United States. Especially not in a state as friendly as Utah, for Mormon Heaven’s sake! No, I’m sure that they would reserve it for egregious behavior like …

Tilli Buchanan, 27, … and her husband had been installing drywall in the garage and had taken off their shirts that were itchy from the fibers, she told The Salt Lake Tribune.

When her stepchildren, aged 9, 10 and 13, walked in, she “explained she considers herself a feminist and wanted to make a point that everybody should be fine with walking around their house or elsewhere with skin showing,”

Well there was that consequential condition on the actus reus that involved some sort of distress. This doesn’t sound like quite enough to …

The charges were filed after the children’s mother told that authorities she was “alarmed”

Ah. So a mom hates her ex’s new wife enough that she got her arrested on charges of “lewdness” because she was doing the exact same thing as the ex (removing clothes itchy from drywall contamination), something that anyone might do in their own home. That makes more sense. Gotta protect the kids from seeing their step-mom’s boobies. At least the punishment should be proportionate given the wisdom of the Utah legislature and its…

If convicted, Buchanan faces imprisonment [for a maximum of 364 days – cd], fines up to $2,500 and the requirement to register as a sex offender for 10 years.

DAMN. Well, at least exposing your nipple in your own house isn’t a felo…

Lewdness involving a child is a third degree felony if at the time of the violation:

… (ii) the person has previously been convicted of a violation of this section.

So children walking in on you while your top is off in your own home is a misdemeanor the first time. The second time it happens, you can be punished

 by an indeterminate prison term of up to five years, and a fine of as much as $5,000 [oh, and by the by, they make your sex offender registration permanent].

Well. I guess that is serious. They’ll probably lose their house too, with no one out of prison to work and pay the mortgage…

Though her husband was similarly clad, he was not charged with a crime.

But… but…

Fuckit. Utah, you are fucking horrible.

 

 

 

Jeffress in Jerusalem: Hyperbole is Insufficient

So, let me start by saying that I am conflicted and don’t know where I want this post to go: I’m just going to write a bit and explore what comes up.

Robert Jeffress, a man of truly horrible behavior, is a right-wing pastor that does not believe in freedom of religion. Today he gave a christian prayer as the celebrated invocation at the opening of the new US embassy to Israel in Jerusalem. He has also repeatedly insisted that all faithful Jews are going to hell. Now while he’s also condemned just about everyone else to hell, I want to focus on his antipathy towards Judaism for a moment.

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FOR FREUD’S SAKE, YOU GET TO DISCRIMINATE!

Thirdmill – who is not an idiot, but is wrong in this instance – has repeated a bad, bad, bad, bad, bad, fucked and wrong trope over on Pharyngula. This trope is repeated by idiots so much that eventually some reasonable people start to think that maybe they have a point, which is why the trope needs to get stomped on hard, though please don’t stomp on Thirdmill as a person, should you choose to comment.

The trope is this: when considering discrimination, we need to consider the genuinely held beliefs and permit room for people to adhere to their consciences when doing so does not directly harm another. This was in the context of a Pharyngula post about how in the 99 years after the civil war and before the federal government started butting in, the invisible hand of the free market had totally taken care of private sector segregation just fine, and that Title 7 thing was completely unnecessary and Heart of Atlanta is a load of crap. Because of course it was, this is Sam Harris’ opinion, remember?

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The Nature of Reality Denial

PZ has an excellent post up, which I hope you’ve seen already, regarding the hatred of the Catholic bishops. I want to call out a small piece of that larger statement here:

Children especially are harmed when they are told that they can “change” their sex or, further, given hormones that will affect their development and possibly render them infertile as adults.

If you read this as the bishops obviously intend you to read it, this portion of their statement says:

You can’t actually change your sex, so telling this to children is bad. Also, it’s even worse when you change the sex of another human being, particularly a child.

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Who Does He Think He Is? Harvey Weinstein?

Because I write a blog, I can subject you to any damn fool thing I want, and they only thing either of you can do, my readers, is to stop reading. But then who suffers, huh? Huh?

And thus, while strung out on painkillers trying to find the way to finish the rest of my move today, I am taking the opportunity to write for you about a story that is years old, and not one like the Tuskeegee Experiments, which might occasionally still have up-to-the-minute relevance, or the Tuskegee Airmen, who were fortunate, indeed, to be part of a segregated air force unit so they didn’t have to fight side-by-side with Gungans. (I’m telling you, it was a pretty close call, there.) No, it doesn’t even have anything to do with slavery.

It’s just not that important. And yet, it is the very quotidian nature of it that stuck with me. I keep thinking every so often that I should write about it, then don’t because it’s never important enough. Well, today, strung out on a bit less than the prescribed dose of my prescription painkiller, so obviously not competent to consent to keyboard, there is nothing to stop me. Today is the day you get to hear me talk about the everyday horror that is vagina.

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For Your Enjoyment: To Save the Life of the Slut

Sam Bee is at it again, chronicling the most recent house bill to abort scientific inquiring in the name of protecting unarmed fetuses everywhere. Although this bill ignores research on the neurological development of human fetuses in order to ban abortion after 20 weeks when the sense of pain is not developed until approximately 29 weeks*1 (according to some “doctor” who went to “medical school” or something), it is not as restrictive as some other legislation Republicans have proposed:

The bill makes a few token concessions to women. It allows exceptions for rape, incest, and the life of the slut.

Have I mentioned how much I love Samantha Bee?

Nonetheless, there is at least one major bit of misinformation in Bee’s video. An interview by Melissa Harris-Perry of Dr. Willie Parker who gave us information on fetal neurological development includes a chyron featuring the statistic:

58% of women have abortions in their 20s.

Well, no. Of all abortions performed, 58% are performed upon women in their 20s. That’s a little different than saying that not only do 58% of women have abortions, but 58% of women had abortions just during their 20s.

If that MSNBC fail doesn’t turn you off of Samantha Bee for not doctoring the video before playing it, then you should truly enjoy her entire rant:

 

Happy Feminist Friday, everyone.


*1: for Republicans: 29 is actually a larger number than 20. That means it’s better. 99 is even larger. You’d be really manly if you banned abortion after 99 weeks. Why don’t you try that next time? I’m even sure you could find a scientist to say that kids can feel pain after 99 weeks of life. IF another Republican tries to out-man you, you could always propose banning abortion after 999 weeks – that will show them.

Competing Interests

I swear, I find it amazing that they even half know what they’re saying, but they do. They know exactly what they’re saying, and for some bizarre reason they think it speaks well of them and their religion.

Who am I babbling about, you wonder? After all, that statement might be true of any number of persons, maybe even all of us at different points in time. So who, given the human ability to spout nonsense with confidence, might have done so to such a degree that Crip Dyke would be moved to post? Shocker: it isn’t anyone from the Trump administration.

This time.

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Really, Christians? That’s what you want to go with?

The generation to whom the Christians’ bigwig directly spoke 2000 years ago will not pass away before the Most Momentous Day. Of course, they have all passed away, unless you want to believe that some god made a few of them immortal and commanded them to live in secret just so that this obviously wrong prophecy would turn out to be technically true. But if they’re immortal, then we can’t foresee a reasonable limit to the waiting for the end of days.

Wars and rumors of war will immediately precede the second coming of Jesus, the Rather Greasy. But wars are happening all the time, rumors of war even more often. So how is it that a good Christian theocrat is supposed to use these to establish a timeline?

The traditional methods have failed to establish the timing of the Battle of Megiddo Hill, AKA Battle of Ar Megiddo, AKA Battle of Armageddon.  Again and again “prophets” have told us that one day or another will be the last for the sinning sinners of sinland. And yet, again and again they have been proven wrong.

What’s a Christian in search of money got to do to lay down some impressive prophesying these days?

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Ed Brayton Will Have a Field Day With This

So, this cannot compare to The Greatest Political Scandal Ever, but in California, the leader of the Republican caucus of the State Assembly is having an affair with the former leader of the Republican Caucus of the State Assembly. Of course Chad Mayes, the current leader of the State Assembly Republican Caucus (hereinafter SARC), and Kristin Olsen, the former leader, are more-moral-than-thou types, and protect-marriage-from-the-sinning-sinners types to boot. Mayes’ father is a preacher, and Mayes himself graduated from Liberty University.

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