Indecent Exposure on College/University grounds..need feedback on what applies

[avalon42]

post deleted

[2wheeldep]

In order to have a 5150 hold the individual must be a danger to others or himself.

As far as the 314 it requires intent. Should the individual not have the mental capacity to form intent, your wasting paper and time for a da reject. As long as the individual is not posing a threat or danger to anyone arresting him will not benifit anyone.

[SoCalSheriff]

Exactly. Can't 5150 just because someone is nuts. If I could, half of my beat would be on a 72 hour vacation away from my city.

The key element of 314 is "Willfully and lewdly exposes.."

However, there may be a local (city or county) ordinance that applies. Campuses also usually have bylaws and codes of conduct as well. Are the actions prohibited by any of them?

[DCH]

415 and 602 apply. If the dude can't stay away from campus grounds without being nekkid.. there is a section (can't recall which) that covers repeat offenders that enhances the misd. to a felony offense.

[dadyswat]

I thought that was normal behavior in California.

[SoCalSheriff]

602 would only apply if he was not a student. Being a student, he obviously has permission to be on campus. Unless of course school officials have asked him to leave and he subsequently refuses.

602 (k) could apply, but you would have to prove specific intent to interfere, obstruct, or injure

I am not sure where 415 comes into play.. There is no challenge to fight, no offensive words being used, and no loud and unreasonable noise.

[140grad]

I would want to know more about his "mental disorder." Is he diagnosed with a disorder? Is he taking any meds? Is he prescribed meds, but not taking them? Did he make any statements while he was walking around campus naked? These factors could all assist in articulating a 5150 W&I hold. I'm thinking along the lines of gravely disabled...

[erich]

Some cities have municipal code for a person nude in a public place, but even that is borderline if he has mental issues. It would be best if they are a student to get them a disciplinary hearing with the campus administrators because he probably violated some campus rule. They could better resolve the issue to ensure it doesn't happen again.

[Bully]

Take a little time out of your day and go to his house. If he can't care for himself, you can possibly 5150 him as "Gravely Disabled". Call APS and see if they will do something.

I'm constantly coming into contact with 5149 1/2's that nobody can seem to do anything about. I will usually send them to the funny farm as "Gravely Disabled".

[DCH]

Gettin' ahead of myself; 602 natureboy if he insists on frolicking even AFTER he's been told to stay off campus. 415 applies if he comes back after being told not to. Disturbing the Peace by the mere act of ignoring a lawful order and insisting on being 314, but this time as a repeat offender. I've had a similar call where I arrested and released, but had to deal with the person again and again, and I ended up being backed by the DA's office on above charges.

Again, all above charges would be after his refusal to obey lawful orders.

[avalon42]

I would want to know more about his "mental disorder." Is he diagnosed with a disorder? Is he taking any meds? Is he prescribed meds, but not taking them? Did he make any statements while he was walking around campus naked? These factors could all assist in articulating a 5150 W&I hold. I'm thinking along the lines of gravely disabled...

I don't know the exact details about his "mental conditions" (I use quotes because that is what we were told). We were just briefed on a few details surrounding his 314.

The person that reported the 314 recognized him again a day later, this time clothed. Our job as students is to report a future violation if it occurs.

[e30sd]

avalon42, you must be referring to this one?

[avalon42]

avalon42, you must be referring to this one?

Yup.