Gender and planet fitness locker rooms

[Kutnupe14]

The rules as I read it have nothing to do with a set change. It is simply what somebody says they identify as.
Since you are a police officer I would like to ask you, If I am at the mall and decide I am feeling feminine and need to use the restroom and decide to go into the women's, somebody calls you out and I tell you I identify as a women, would you arrest me?

Arrest you for what?

 

[BehindBlueI's]

The rules as I read it have nothing to do with a set change. It is simply what somebody says they identify as.
Since you are a police officer I would like to ask you, If I am at the mall and decide I am feeling feminine and need to use the restroom and decide to go into the women's, somebody calls you out and I tell you I identify as a women, would you arrest me?

I've never considered it because it never came up. My first thought would be what code would apply? Voyeurism seems like the most likely candidate. Reading the code, I don't know that it applies. If you don't have a camera, that's out. The question is going to be are you "peeping" when you enter the restroom. (2) "Peep" means any looking of a clandestine, surreptitious, prying, or secretive nature. If you're standing out in the open and overtly there, you aren't being clandestine, etc. There's nothing in the IC code that mentions "of the opposite sex" so technically if walking into the women's restroom is "peeping" than so is walking into the men's restroom. IC 35-45-4-5 if you want to take a look and see if I'm missing something, but from what I'm seeing it will boil down to if you're being clandestine or overt.

The fact you are a man or woman, or how you choose to identify yourself, is not an element of the crime and is irrelevant, legally speaking.

 

[Leadeye]

I am so glad I live in the woods.

 

[Kutnupe14]

The rules do not supercede the law. That is why I was asking my question. I know indecent exposure is against the law. If this woman saw his parts and called the police instead of a manager would the outcome have been different.

You'd have an uphill battle trying to stick indecent exposure on a person in a locker room. If someone did try to pull that off, they'd pretty much have to arrest everybody who had exposed sex organs.

 

[GodFearinGunTotin]

The rules do not supercede the law. That is why I was asking my question. I know indecent exposure is against the law. If this woman saw his parts and called the police instead of a manager would the outcome have been different.

I think what INGO is saying: you're ok if an adult exposes him/herself to a child in a locker room...just don't get caught texting the picture to the kid.

 

[Kutnupe14]

I am so glad I live in the woods.

I've seen lots of butted nakedness in the woods

 

[GodFearinGunTotin]

I've seen lots of butted nakedness in the woods

Yeah but don't want to hear about your Florida Gator frat parties.

 

[BehindBlueI's]

You'd have an uphill battle trying to stick indecent exposure on a person in a locker room. If someone did try to pull that off, they'd pretty much have to arrest everybody who had exposed sex organs.

Ah, yes, I was thinking in the context of clothed male enters women's restroom. I hadn't considered it from male with bait and tackle displayed enters women's restroom. Wow, that's going to be really fact sensitive. If you're just using the bathroom, then yeah, that'd be a tough sell. If you were fondling yourself or saying sexually suggestive things, then public indecency would come into play.

So, if you're doing it in a sexual manner, yes, you could be arrested. If you're just going to the bathroom, I still don't think so. If its borderline, punt. Call the on call screening prosecutor and see what they think.

 

[hoosierdoc]

You'd have an uphill battle trying to stick indecent exposure on a person in a locker room. If someone did try to pull that off, they'd pretty much have to arrest everybody who had exposed sex organs.

The indecent part is an opposite gender person.

 

[BehindBlueI's]

I think what INGO is saying: you're ok if an adult exposes him/herself to a child in a locker room...just don't get caught texting the picture to the kid.

Help me find an IC code that applies then.

Remember the guy taking pictures up women's skirts at the mall? That wasn't ok, but it also wasn't illegal per the code at the time if the women were adults.

 

[BehindBlueI's]

The indecent part is an opposite gender person.

IC code makes no distinction between same sex/opposite sex viewing or being viewed.

Ok, found this in "public indecency" : (b) A person at least eighteen (18) years of age who knowingly or intentionally, in a public place, appears in a state of nudity with the intent to be seen by a child less than sixteen (16) years of age commits public indecency, a Class A misdemeanor.

So, again, facts are going to matter. If someone is being pervy to kids in a locker room, trust me, no cop wants to look the other way. I also can't just make up laws, though.

 

[GodFearinGunTotin]

Help me find an IC code that applies then.

Remember the guy taking pictures up women's skirts at the mall? That wasn't ok, but it also wasn't illegal per the code at the time if the women were adults.

I'm not asserting there's any law that applies (other than sending "sexts" to minors from adults)...only that, judging by some of the comments, some seem to be ok if it's done in real time vs. done via electronic devices. I could be wrong...they might be ok either way.

 

[mrjarrell]

The indecent part is an opposite gender person.

but they aren't the opposite gender. They are the opposite sex, but not gender.

 

[Kutnupe14]

Yeah but don't want to hear about your Florida Gator frat parties.

Ha, kudos to you for remembering where I went to school, and yes it was fraternity related. We called them a "woodser."

 

[GodFearinGunTotin]

Ha, kudos to you for remembering where I went to school, and yes it was fraternity related. We called them a "woodser."

Please! No more weirdo UF sexcapdes! This is a PG rated site.

 

[mrjarrell]

IC code makes no distinction between same sex/opposite sex viewing or being viewed.

Ok, found this in "public indecency" : (b) A person at least eighteen (18) years of age who knowingly or intentionally, in a public place, appears in a state of nudity with the intent to be seen by a child less than sixteen (16) years of age commits public indecency, a Class A misdemeanor.

So, again, facts are going to matter. If someone is being pervy to kids in a locker room, trust me, no cop wants to look the other way. I also can't just make up laws, though.

I can't see how that would apply in this situation, though. There is not intent to knowingly be seen by a "child", if one were to enter the locker room or even be present. Doesn't even seem to matter who was there first.

 

[Kutnupe14]

Yeah but don't want to hear about your Florida Gator frat parties.

Ha, kudos to you for remembering where I went to school, and yes it was fraternity related. We called them a "woodser."

 

[Leadeye]

I've seen lots of butted nakedness in the woods

Me too, but I don't care what gender the forest critters want to consider themselves. They don't laugh at me if I'm nude outside, at least the ones still living.

 

[Darral27]

I think what INGO is saying: you're ok if an adult exposes him/herself to a child in a locker room...just don't get caught texting the picture to the kid.

Guess I just assumed there would be a law against waving your junk around in public. I have heard on the news multiple times about looking for men that exposed themselves to women, police sketch and all.

 

[BehindBlueI's]

I'm not asserting there's any law that applies (other than sending "sexts" to minors from adults)...only that, judging by some of the comments, some seem to be ok if it's done in real time vs. done via electronic devices. I could be wrong...they might be ok either way.

Yeah, not the only place the law is like that. 16 is the age of consent to actually have sex in most instances, but taking a nude photo and sending it is illegal. Here's an interesting one for you, if a 13 year old charges for sex, can the 13 year old be charged with prostitution? Generally, yes, but if a 13 year old can't consent to sex how can they consent to sex for money? It is, in short, a giant CF and I don't see it being un-CF'd anytime soon.