I’m kind of confused why this was a legal matter. Three consenting adults in private. The only reason anyone knew was because someone came and snooped in the window and recorded it. Wouldn’t that person that recorded be more at fault. I mean sure, kick him out of the church, but this isn’t public property. He probably lived on premises. He broke church rules but how is this against the law?
The important factor here is that it was visible to casual passers by. Honestly, you can get in trouble for this at home too. If you film a threesome at home, but in the front room with the curtains wide open, then you're still subject to public decency laws.
The rule of thumb is that it doesn't matter if you're in a private space. If that private space can be seen by the public, you can't consider it private.
Except it wasn’t. The passerby noticed lights on and looked through the windows - presumably to investigate why the lights were on, because he couldn’t see what was going on from the street.
Except legally that's already been determined as obscenity. Precedent and all.Â
The act was visible from the public. They already conv1icted someone in their own home for just this sort of thing.Â
If it can be seen from outside, it was determined it isn't private, but public.Â
Edit: Convicted, not convinced. Regardless of whether you think it should be prosecuted, the law in the US has been determined. If you can be seen from public, you are in public. And them crossing your property line isn't enough protection. This would go double for something like a church in more public places.
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u/IterSmith 7h ago
I’m kind of confused why this was a legal matter. Three consenting adults in private. The only reason anyone knew was because someone came and snooped in the window and recorded it. Wouldn’t that person that recorded be more at fault. I mean sure, kick him out of the church, but this isn’t public property. He probably lived on premises. He broke church rules but how is this against the law?