'Men Only' Law Overturned

(Riverside, California) Readers may recall the October 2006 case of Alexis Luz Garcia who was prosecuted for indecent exposure. A charge was filed because Garcia allegedly exposed herself to a 14-year-old boy because he was making too much noise playing basketball.

A Riverside County judge dismissed an indecent exposure charge against a woman who allegedly disrobed in front of a 14-year-old boy, saying the law applies only to men.

Superior Court Judge Robert W. Armstrong said this week that the law mentions a person who "exposes his person."

"Usually when a section proscribes conduct, it's 'his or her.' This one is not," Armstrong said. "It's gender specific."

A screwy ruling, for sure, and it didn't stand on appeal. A three-judge appeals panel of the Riverside County Superior Court overturned the decision.

"We can find no logical or reasonable basis for concluding women are incapable of committing the crime of indecent exposure," the judges ruled in overturning the decision by retired Los Angeles Superior Court Judge Robert W. Armstrong.

Consequently, 41-year-old Alexis Luz Garcia will go to trial and, if convicted, faces a possible year in jail and lifetime registration as a sex offender.

Tip: Don Morgenstern