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tooge
07-08-2010, 08:09 AM
Ok, this happens in front of my kids, and I'm jamming that thing up this guys ass
StoryText SizeCourt Says Law Allows Man's Crude Act
Legal Loophole Applies To Certain Sex Toy Use In Public

POSTED: Wednesday, July 7, 2010
UPDATED: 2:23 pm EDT July 7, 2010



Brooksville Police Dept.
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DAYTONA BEACH, Fla. -- A Florida appellate court has ruled it is perfectly legal for a man to sit in his pickup truck outside a convenience store in the presence of a child and wave and insert into his mouth a long, cylindrical plastic sex toy commonly referred to as a dildo.

That’s what David Lowe was doing in December 2008 outside the Shop N Save on Ponce De Leon Boulevard in Brooksville, according to police records.

And it’s what got Lowe, 47, arrested on charges of lewd or lascivious exhibition.

That makes it a felony to, in the presence of someone under 16, commit a “sexual act ... involving the simulation of any act involving sexual activity.”

The 5th District Court of Appeal in Daytona Beach ruled last week, however, that what Lowe was doing did not involve simulated "sexual activity." But Brooksville police sure thought it did.

They were called after witnesses said Lowe was sitting in his truck around 5:40 p.m. on Dec. 28, 2008, waving the plastic, skin-colored device at women emerging from the convenience store and then placing it in his mouth.

The mother of a 7-year-old girl who watched from an adjacent parking space called police after she and her daughter witnessed the behavior and the child asked her what the man was doing.

According to the reports, police stopped Lowe in his truck as he tried to leave the convenience store, and he denied having the sex toy. The officer noted Lowe smelled of alcohol and was wearing sweatpants that were wet and evincing an erection. A search of the truck turned up an open Busch beer can and a lubricated dildo within reach.

After posting a $5,000 bond, Lowe retained attorney Kirk Campbell, who apparently read very closely the statute Lowe was accused of violating and found the behavior is not a crime in Florida.

Hernando County Circuit Judge Jack Springstead disagreed, though, and denied Lowe’s motion to dismiss in July 2009.

So Lowe pleaded no contest to the charge, reserving his rights to appeal the denial of his motion to dismiss. The judge sentenced him to the one day he already served in jail before posting bond, withheld adjudication of guilt and ordered two years of probation, which included alcohol abuse treatment.

But last week, the 5th District Court of Appeal in Daytona Beach found Lowe’s motion to dismiss should have been granted and it remanded the case to Hernando County with orders the case be discharged.

The reason: What Lowe was simulating was not “sexual activity,” as defined by Florida law.

That law says sexual activity is “the oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object.”

The court found Lowe “did not simulate the act of oral sex with the sexual organ of 'another.' The dildo was not near 'another' person’s genitalia … it was apparent he was simulating oral sex with an object. His actions, though clearly rude and offensive, do not violate the express terms of the statute.”

Sofa King
07-08-2010, 08:11 AM
The courts need to use some fucking common sense once in awhile..... fucking stupid....

Old Dog
07-08-2010, 08:15 AM
Hopefully someone takes the thing away from him and beats him to death with it.

KCUnited
07-08-2010, 08:17 AM
If I see a dude hanging out at the gas station in sweatpants with a boner, I'm turning the dog loose on him.

mikeyis4dcats.
07-08-2010, 08:18 AM
The courts need to use some ****ing common sense once in awhile..... ****ing stupid....

unfortunately the law is the law. If you let them stretch to do the "right thing" here, you can't complain if they stretch it later to fuck you over.

Gonzo
07-08-2010, 08:23 AM
I wonder if Buck knows this dude...
Posted via Mobile Device

boogblaster
07-08-2010, 09:42 AM
12 gauge pump

gblowfish
07-08-2010, 09:45 AM
So I guess GoChiefs is headed to Daytona Beach for summer vacation?

DaFace
07-08-2010, 09:46 AM
This is why legalese is stupid. So could the guy have been jamming it up his ass and it not been a "sexual act?"

ChiefButthurt
07-08-2010, 09:49 AM
I'd like to be able to say that he's the sickest SOB I've ever heard of....but I can't.

I present to you one sick SOB in a new level of sick SOB's.


http://www.10tv.com/live/content/local/stories/2008/06/29/sex_offender.html

Phobia
07-08-2010, 11:04 AM
This is why legalese is stupid. So could the guy have been jamming it up his ass and it not been a "sexual act?"

Apparently but attorneys are too smart for their own good. We need hundreds of pages of laws just to cover all the loopholes for "Thou shalt not kill".

seclark
07-08-2010, 11:09 AM
I'd like to be able to say that he's the sickest SOB I've ever heard of....but I can't.

I present to you one sick SOB in a new level of sick SOB's.


http://www.10tv.com/live/content/local/stories/2008/06/29/sex_offender.html

hootie?
sec

gblowfish
07-08-2010, 02:12 PM
Visit your neighborhood Daytona Beach Grocery Soon!

Hog Farmer
07-08-2010, 03:41 PM
It's a good thing I keep a low profile.

Iowanian
07-08-2010, 03:44 PM
I wish someone would have taken it from him and beaten him furiously with said object.

bevischief
07-08-2010, 03:47 PM
Let loose the hounds...

Rain Man
07-08-2010, 03:48 PM
I was just wondering what to do this weekend, and voila! An idea falls out of the sky.

doomy3
07-08-2010, 03:53 PM
Ok, this happens in front of my kids, and I'm jamming that thing up this guys ass


I'm thinking that is kind of what he is going for here...

Frazod
07-08-2010, 03:53 PM
I remember hearing about a judge who would use a penis enlarging vacuum tube under his robe during court. Perhaps he's the one who issued the ruling.

It would explain a great deal.

DJ's left nut
07-08-2010, 03:54 PM
My problem is that a jury of this man's peers believed it was a sex act.

If the law is too vague to be construed correctly, the appellate court should have left the decision in the hands of the trial courts and the finders of fact (i.e. the jury).

Appellate review really sucks sometimes. This was not a clear abuse of discretion and therefore shouldn't have been overturned, IMO. Just as the jury coming back with a verdict of not guilty (i.e. that the public didn't believe he was committing a 'sex act') wouldn't have been reviewable.

RedNFeisty
07-08-2010, 05:50 PM
The mom who called it in, should have just beaten him up side his head with it until he was unconscious. I doubt anyone would have called the police on her.

ClevelandBronco
07-08-2010, 05:54 PM
Fix the law and beat the hell out of a guy who does this crap in front of your kids.

Bwana
07-08-2010, 05:57 PM
Bear Spray

RedNeckRaider
07-08-2010, 06:07 PM
Fix the law and beat the hell out of a guy who does this crap in front of your kids.

That is all~

go bowe
07-08-2010, 08:23 PM
This is why legalese is stupid. So could the guy have been jamming it up his ass and it not been a "sexual act?"sexual act, yes...

illegal under that particular statute, no...

according to that law, if there is no penetration by another, there is no sexual activity...

the legislature needs to fix that statute immediately...

the court was only going by what the legislature had enacted, as it should have...

the stupid ones are the guys who wrote that statute the way they did...

go bowe
07-08-2010, 08:30 PM
My problem is that a jury of this man's peers believed it was a sex act.

If the law is too vague to be construed correctly, the appellate court should have left the decision in the hands of the trial courts and the finders of fact (i.e. the jury).

Appellate review really sucks sometimes. This was not a clear abuse of discretion and therefore shouldn't have been overturned, IMO. Just as the jury coming back with a verdict of not guilty (i.e. that the public didn't believe he was committing a 'sex act') wouldn't have been reviewable.actually he pled no contest, there wasn't a jury trial...

the law wasn't too vague, it was crystal clear that to be "sexual activity" there had to be 2 people involved...

only one guy, not 2 = no "sexual activity" under florida law...

sucks, but that's the way they wrote the damned thing...

Bane
07-08-2010, 08:33 PM
Did the "dildo" has a Huskers emblem on it?:evil:

go bowe
07-08-2010, 08:36 PM
The mom who called it in, should have just beaten him up side his head with it until he was unconscious. I doubt anyone would have called the police on her.you're probably right...

i'm sure that YOU would have had no problem braining the pervert... :thumb: :thumb: :thumb:

go bowe
07-08-2010, 08:37 PM
Bear Sprayi've never experienced bear spray, but i'm betting that if it makes a bear want to go away, it ought to work on some random pervert...

too bad they don't sell it at walmart...