Of the many traditions this University holds dear, none gets the heart pumping and adrenaline racing like streaking the Lawn. Unfortunately, daring students who are willing to partake in this quasi-athletic event must always fear, more than modesty, the probing eyeballs of fellow students, or pesky clothing thieves. According to Virginia law, this seemingly innocuous University tradition is actually a crime. Streakers must constantly be on the lookout for police and hope, if they are caught, that the officer is in a good mood that night. In addition, being arrested for indecent exposure carries serious penalties that are unjustified for a harmless act such as streaking. Because of the innocent nature of what many consider to be a University tradition -- and the grave and unmerited consequences that streaking can involve -- the police must relax public nudity laws on the Lawn.
Although evading the police adds an additional thrill to streaking, it is not something that daring students should have to be concerned about. The 1995 Virginia statute concerning Indecent Exposure (18.2-387) states that "every person who intentionally makes an obscene display or exposure of his person, or the private parts thereof, in any public place, or in any place where others are present, or procures another to so expose himself, shall be guilty of a Class 1 misdemeanor." The intent of this law is to protect citizens from perverse individuals who would expose themselves in order to cause psychological damage to others. It is highly doubtful that such a vicious purpose would be the intent of a streaking student, since students streak for a thrilling rush and to take part in a University tradition. Even though leniency toward streakers may make it more difficult to prosecute lewd exhibitionists, students' streaking of the Lawn is harmless. Not to mention that, since streaking occurs at night, it is usually too dark for anyone to see much of anything.
To be true to fact, the police are usually relatively lenient when dealing with student streakers. They often have been known to lecture students on the subject of not streaking and rarely make any arrests. According to Captain Michael Coleman of the University Police Department, "Police do whatever is necessary at that time, based on the circumstances." One of the main concerns of the police is to ensure the safety of students, as streakers may attract sex offenders and be victimized, according to Coleman.
Yet, through this police interaction, problems still can arise for students. Although the police are lenient toward streakers, there is still the chance that they can arrest students on misdemeanor counts if they feel like it, for something that is not intended to be illegal or harmful. It has happened before, causing an embarrassed student to appear in court and pay an unnecessary fine. More serious, however, is that an arrest for indecent exposure constitutes a sex offense. This taint on a student's record will forever bar him from teaching children and also may prevent him from being licensed by several organizations, including the state bar association and the American Medical Association. This is an uncalled-for price to pay for a harmless naked run in the dark. Also, if a student touches a police officer while naked -- say, by giving an officer a seemingly "reassuring" pat on the back, as some inebriated individuals tend to do -- that action could be construed as assault on an officer and, therefore, a felony.
As mentioned before, an arrest for streaking is a rarity. However, it should not be an issue at all. Streaking students are just trying to be part of a tradition and get a bit of an adrenaline rush. There is no ulterior or nefarious motive to streaking. Although, as it is written, Virginia law makes such actions a crime, in this circumstance, the Indecent Exposure statute misconstrues a harmless situation.
The Charlottesville and University police should relax prosecution or any type of lecturing of students for streaking. Being lectured by the police is an embarrassment that streaking does not warrant, and as mentioned earlier, could lead to some major legal problems for students should they be arrested. Although public nudity is against the law, in the case of Lawn streaking the intent of the students is not nefarious. There also are graver possible predicaments than streaking that occur during the night at the University and should demand the attention of police.
Unfortunately, as long as the police can arrest or lecture streakers, students will always have to beware of more than just ropes, pebbles and sprinkler heads while completing a naked lap from the Rotunda to Homer's rump.
(Alex Rosemblat's column appears
Wednesdays in The Cavalier Daily. He can be reached at arosemblat@cavalierdaily.com.)
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