A new ruling out of federal court in Brooklyn seems to indicate that masturbating in public is totally legal in New York state -- you know, as long as you keep your wanking out of view of that public.Retired detective Joseph Tesoriere was busted in August of last year in a remote corner of Gateway National Park for exposing himself to an undercover park ranger. The ranger had gone into the bushes with Tesoriere and was therefore, it seems, hidden from public view.
The New York Post interprets Judge Ramon Reyes Jr.'s ruling to mean "that it ain't public lewdness if it ain't public."
Civil rights attorney Wylie Stecklow, who was not involved in the case and does not believe that public masturbation is acceptable, nonetheless disputes the paper's interpretation.
"The Post wrote basically a paragraph and tried to encompass a ruling that took a court 16 pages of case law in support of their finding," Stecklow told Asylum. "The Post clearly ignored the law that says that a lewd act has to take place in public and it has to be likely that a passerby can see it. The judge said because it was not likely a passerby could see anything, the prosecution could not prove their case."
Read on for a primer on how to skirt the law when engaging in this questionable behavior.
Stecklow says that a significant factor in the judge's decision was the fact that the trail the incident took place on was far from the park's well-trafficked Plum Beach. "This person removed themselves two or three ways from the public," the attorney explained. "If consenting adults choose to do this in a way that consenting adults -- and only consenting adults -- can see it, then it falls under the right to privacy."
The prosecution chose to argue on the grounds that it doesn't matter what part of the park the defendant is in, it's still considered lewdness. Obviously, the judge found plenty of case law with which to dissent with that assertion. Stecklow pointed to a section of the ruling, which states that an "offense against public sensibilities" is only illegal if the act takes place in an area likely to be visited by someone who might be upset about the wanking. An undercover ranger who would not have been in the park otherwise does not count.
"Masturbating by itself in a public place does not qualify as violating the statute," says Stecklow. As long as you're not in a home without big bay windows or a park bench facing civilization, you can probably cite this ruling and walk away.
So, fire away, wankers. Get off on charges of getting off while off the beaten path.


























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Comments:
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Saturday 19 June
By Kenny
Lol wankers. Its kind of funny that I posted the first comment. Well anyway I dont see why the undercover park ranger went into the bushes with him in the first place. Did he say come into the bushes to watch me wank and the ranger followed. Dont worry even though this act is legal you wont be seeing me do this. Just like its legal to go topless into nyc subways, Ive only saw one lady do that so far.
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Wednesday 30 June
By Support for Technology
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Wednesday 16 June
By fearless leader
So it's legal to "beat off, off the beaten path"?
Reply
Thursday 17 June
By harold
would that mean, if it's new meat, it's illegal
Wednesday 16 June
By hsstanton
What I don't get is what's up with the ranger he went into the bushes with? Was the ranger a female and they were going to have sex, or did he flash her or what? Why would this ranger go into the bushes with him in the first place? Or was the ranger a man and this guy is just a fag?
I'm also surprised that they have undercover park rangers!
Reply
Wednesday 16 June
By lauramemphistn
I agree. That part of the story is just glossed over, as if the reader is supposed to automatically understand. But I don't, and consider it a crucial part of the story.
Sunday 08 August
By hiltonj
Its called"gay Entrapment & Harassment" ...Thats why you would find an undercover straight man trying to lure a gayman into a SO CALLED lewd sexual act! Cheese n Rice, imagine if they had blonds from baywatch on the trails where straight men walk ,trying to lure straight men into jerking off....The newaspaper would be full of jackmules who rant and rave because gaymen jerk off in puiblic....But its onmly a lewd act if you are gay and entrapped by a park ranger , its not entrapment for straights , because there are no female rangers trying to lure straight men into public lewd sexual acts!!! Its called harass the gays , and leave the straights do whatever tha hell they want....NOW DO YOU GET IT!!!! LOL..........STRAIGHT DOUBLE STANDARDS!!!!
Thursday 17 June
By Ty
I don't know why but this story bring to mind a married couple that I used to live across the street from. They had a gaggle of kids, so most nights around midnight they would be out in their car going at it, either in their driveway or parked in the street so they didn't wake the kids. My take on that is you can readily assume what is going on without having to go up and look. In fact, what they are doing is noyfb, if you choose to make it your business, it's entirely your problem.
Reply
Thursday 17 June
By Edith Ann
Just hope these kind of people washes their hands going into a restaurant buffet.
Reply
Thursday 17 June
By Harold
Wash hands?
Thursday 17 June
By Paul
If youre getting food from a buffet, you better hope the guy who made it washed his hands first...let alone the 100 or so patrons that got to the food before you.
Reply
Thursday 17 June
By harold
Did she (park ranger) have rough hands or just play rough?
Who solicited who?
Who was the voyeur perv who caught them?
conclusion: a lttle bit of park meat in the bushes, never hurt anyone
Reply
Thursday 17 June
By harold
Laura:
Details,details, me too. lol
Reply
Friday 18 June
By actor212
I'm glad the judge didn't beat around the bush.
Reply
Tuesday 06 July
By papas
off the broadway wanking is safer so as to reduce the extent of moral decadence especially if viewed by minors.Aside this,whose business is it? A DETECTIVE of wanking scenes,ha ha ha...
Reply
Thursday 19 August
By Greg Winters
Two mature wankers in the bushes, Ugh. If it had been a story of two teenage wankers it would have been far more exciting.
Reply