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Woman Ticketed For Nude Pics On Internet

Posted by timothy on from the use-undisclosed-location dept.

Oneamp writes "A woman in Lincoln, Neb. has been ticketed for appearing nude in public after she published photographs of herself doing so. Apparently, it's not neccessary to be caught in the act. CNN article here" The article does not link to Harrington's website.

12 of 768 comments (clear)

  1. "The article does not link to Harrington's website by r_glen · · Score: 4, Informative

    Darn. (NOT SAFE FOR WORK!)

    :)

  2. Smoking gun by Rkane · · Score: 5, Informative

    The smoking gun also has an article on this, and shows the offending pictures (blurred, so they are work safe).

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  3. Re:She's been posting EVIDENCE, for heaven's sake! by exhilaration · · Score: 5, Informative

    No, you can't be COMPELLED to incriminate yourself, but you're more than welcome to do it.

  4. Ohhhhh...btw...this picture's here by soccerisgod · · Score: 5, Informative

    here

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  5. Re:here's the link to her site... by Anonymous Coward · · Score: 3, Informative

    Why bother with passwords, her site is ...er, wide open. Maybe we can help with security:

    http://www.melissalincoln.com/galleries/001/
    ht tp://www.melissalincoln.com/galleries/004/
    http:/ /www.melissalincoln.com/galleries/006/
    http://www .melissalincoln.com/galleries/009/
    http://www.mel issalincoln.com/galleries/011/
    http://www.melissa lincoln.com/galleries/014/

  6. Re:Umm guys by ender81b · · Score: 3, Informative

    Agreed. Not only that but this girl is dumber than a box of rocks. I live in lincoln, been to that bar. It's an upscale martini bar which -- most definately -- wasn't happy about this happening at their bar. It caters to upper middle class midwestern clientale, mostly conservative and christian (this is Lincoln after all).

    Got to give her props though, she did get a ton of free publicity off this. I know the guy who runs nebraskacoeds.com and she's making a crap ton of money off all this.

    While it might not seem like a reasonable law, note that this is *nebraska*. It's very republican and conservative. If you don't like it, move to another state ;).

  7. Re:"The article does not link to Harrington's webs by Saeger · · Score: 3, Informative
    Actually, yeah, the last thing a porn site wants is poor quality traffic that won't convert into dollars. Slashdot traffic is the kind that knows how to get it for FREE, whereas *.aol.com loves to whip out those CC's.

    Back when I used to do this, a 1 in 500 conversion ratio (after an ever lower clickthrough ratio) was considered great.

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    Power to the Peaceful
  8. Her website and pic galleries by Anonymous Coward · · Score: 5, Informative
    damn nice girl, pity to see this happen to her, for those interested in seeing some free pr0n, checkout Her Website

    free gallery 1
    free gallery 2
    free gallery 3
    free gallery 4
    free gallery 5
    free gallery 6

  9. Re:"The article does not link to Harrington's webs by xpurple · · Score: 5, Informative

    I doubt it.

    Her webmaster is probably enjoying all the extra traffic.

    In case you want to see th picture that got her in trouble

    Not safe for work!

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    http://www.xpurple.com
  10. Re:It's just like the speeding ticket cameras, yea by shfted! · · Score: 5, Informative

    Actually, it's true. http://www.urbanlegends.com/legal/speeding_ticket_ pictures.html.

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    He who laughs last is stuck in a time dilation bubble.
  11. Gee, was that I-405 near Bothell, WA? by Anonymous Coward · · Score: 3, Informative

    Just curious! That one irked the shit out of me. Cop's wife wipes out an entire family and gets barely a slap on the hand. I drive by the burned spot in the road where three of the four died on the scene, every time I drive to work. It's a straight section of road in a wide, shallow dip that allows you to see way ahead. There's no excuse for not seeing the upcoming obstruction, and no excuse for the driver to not get slammed with four counts of manslaughter at the least, if not vehicular homicide. Grr...

    Just remember, in the US, violence is OK and to be admired (except in certain circumstances), but nudity and sex are NOT and are to be shunned in all circumstances...

  12. probably constitutional but with absence of malice by js7a · · Score: 3, Informative
    Laws prohibiting public nudity are frequently ruled unconstitutional as soon as some D.A. tries to enforce them, e.g. this case allowing erotic dancing in Virginia.

    The determination is in the details. Ms. "Lincoln" is charged with a violation of Lincoln Municipal Code Section 9.16.230, which reads:

    9.16.230 Public Nudity; Unlawful.

    (a) It shall be unlawful for a person to, knowingly or intentionally, in a public place or in any place open to the public, appear in a state of nudity.

    (b) 'Nudity' means the showing of the human male or female genitals or pubic area with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering on any part of the areola and nipple, or the showing of covered male genitals in a discernibly turgid state.

    (c) This section shall not apply to:
    (1) Any theater, concert hall, art center, museum, or similar establishment which is primarily devoted to the arts or theatrical performances and in which any of the circumstances contained in this section were permitted or allowed as part of such art exhibit or performance;
    (2) Any dressing/changing room or restroom facility open to the public;
    (3) Any person under twelve years of age; or
    (4) Mothers who are breast feeding.

    So, given part (c), she probably doesn't have the selective enforcement hook that the linked Virginia case turned on, other than the male/female topless selectivity thing that worked in Canada last year.

    However, the government, if faced with an unconstitutionality claim, will have to state exactly what the compelling interest of the law is, and almost certainly it will be the same common law opposition to public nudity that is supposed to prevent people from being "shocked and offended." (Or driven mad with lacivious rage, or whatever.)

    Now, for a conviction of a crime of intent (i.e., other than some kind of neglegence), scienter or "malice aforethought" must be proven. The defense in this case will almost certainly be able to prove an absence of malice, unless the procecution can produce a member of the public that observed the conduct depicted in the photographs and swears under penalty of purjury that they were shocked and/or offended. (With those breasts, I'm guessing you'd want a male for shocked and a female for offended.) The prosecution must also prove that the suspect was aware of the witness, or at least of the possibility of the witness's presence. The defense can counter with the likely fact, likely supported by witnesses, that (1) the indoor flashing was for a very brief period of time, and (2) the outdoor flashing was during a private party from which witnesses were being excluded.

    In short, the prosecution has to prove, at the "beyond a reasonable doubt" level, that she was reckless about whether someone would be offended, which is not going to be easy.