Indecency

An act tending to obscenity. "The term [indecent] is said to signify more than 'indelicate,' and less than 'immodest,' — to mean something unfit for the eye or ear." 12 Fed. 671. partB thereof, in a public plaea 2 Clark & Marshall, Crimes, 1130; 2 Gray (Mass.) 72; 82 Mo. 660; 66 Ind. 328. To constitute an offense at conunon law, the offense must be in such a place that a number of persons may be offended thereby. 11 Cox, C. C. 659; 18 Vt. 574.

An act against good benavlor and a just delicacy. Com. v. Sbarpless, 2 S. & R. (Pa.) 91, 7 Am. Dec. 632. The law, in general, will repress indecency as being contrary to good morals; but, when the public good requires it, the mere indecency of disclosures does not sufi Sce to exclude them from being given in evidence; Tayl. Ev. 816. The following are examples of Indecency: the exposure by a man of his naked person on a balcony, to public viev^ or bathing in public; 2 Campb. 89; Knowles v. State, 3 Day (Conn.) 10.3; State v. Roper, 18 N. 0. 208; State v. Millard, 18 Vt 674, 46 Am. Dec. 170; Van Ilouten v. State, 46 N. J. L. 16, 50 Am. Rep. 397; or in the house of another in the presence of a young girl; Com. v. Warden, 128 Mass. 52, 35 Am, Rep. 357; or the exhibition of bawdy pictures; 2 Chltty, Cr. Law 42; Com. v. Sharpiess, 2 S. & R. (Pa.) 91, 7 Am. Dec. 632, This indecency is punishable by Indictment, See Brooks v. State, 2 Yerg. (Tenn.) 482; Grisham v. State, id. 589; Com. v. Catlin, 1 Mass. 8; 1 Russ. Or. 302; 4 Bla. Com. 65, n.; Bum, Just. Lewdneas. And an ordinance making such exposure an offence without reference to the intent which accompanies the act, is a valid exercise of police power; City of Grand Rapids v. Bateman, 93 Mich. 135, 53 N. W. 6.

An act against good behavior and a just delicacy. Timmons v. U. 5., 85 Fed. 205, 30 C. C. A. 74; McJunkins v. Sinte, 10 Ind. 144; Ardery v. State, 56 Ind. 328. This is scarcely a technical term of the law, and is not susceptible of exact definition or description in its juridical uses. The question whether or not a given act, publication, etc., is indecent is for the court and jury in the particular case.

— Indecent exposure. Exposure to sight of the private parts of the body in a lewd or indecent manner in a public place. It is an indictable offense at common law, and by statute in many of the states. State v. Bauguess, lO6 Iowa, 107, 76 N. W. 508.

— Indecent liberties. In the statutory offense of "taking indecent liberties with the person of a female child," this phrase means such liberties as the common sense of society would regard as indecent and improper. According to some authorities, it involves an assault or attempt at sexual intercourse, (State v. Kuuz, 90 Minn. 526, 97 N. W. 131,) bat according to others, it is not necessary that the liberties or familiarities should have related to the private parts of the child, (People v. Hicks, 98 Mich. 86, 56 N. W. 1102.)

— Indecent publications. Such as are offensive to modesty and delicacy ; obscene; lewd ; tending to the corruption of morals. Dunlop v. U. 5., 1661 U. S. 486, 17 Sun. Ct. 375. 41 L. Ed. 799; U. S. v. Britton (Com. C.) 17 Fed. 733; People v. Muller, 96 N. Y. 408, 48 Am. Rep. 635.

— Public indecency. This phrase has no fixed legal meaning, is vague and indefinite, and cannot, in itself, imply a definite offense. The courts, by a kind of judicial legislation, in England and the United States, have usually limited the operation of the term to public displays of the naked person, the publication, sale, or exhibition of obscene books and prints, or the exhibition of a monster,—acts which have a direct bearing, on public morals, and affect the body of society. The Indiana statute punishing public indecency, without defining it, can be construed only as that term is used at common law, where it is limited to indecencies in conduct, and does not extend to indecent words. McJunkins v. State, lO Ind. 140.

An act against good hehavior and a just delicacy. 2 Serg. & R. 91. This is scarcely a technical term of the law, and is net susceptible of exact definition or description in its juridical uses, ‘The question whether or not a given act, publication, etec., is indecent is for the court and jury in the particular case,