Residents of Charlotte may be familiar with the so-called “Wee-Wee Man”, an exhibitionist who recently made the headlines in Osage Circle and prompted residents to call Charlotte-Mecklenburg police a couple of times. While the case has “indecent exposure” written all over it, police could not arrest the man.
Carolina state law, according to a Reuters report, is rather fuzzy on instances of indecent exposure that take place on private property. GS 14-190.9 talks about indecent exposure being a Class-H felony or Class-2 misdemeanor, but only as it applies to public spaces.
At present, there is no indication as to whether lawmakers will consider amending state law pertaining to indecent exposure any time soon. Some lawyers say, however, that offenders can be charged for a different violation in the event that concerned citizens filed a formal complaint. North Carolina enforces a nuisance law, which prohibits unlawful interference with another’s enjoyment and does not require the offender to be within the victim’s property.
Regardless, loopholes don’t necessarily make the offender any less vulnerable to a criminal conviction. Yet with the help of a competent criminal defense lawyer, an accused party can find loopholes within those loopholes and, with any luck, obtain a dismissal to clear his name.