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ODU streaker had indecent exposure charge dismissed

ODU streaker had indecent exposure charge dismissed.  Recently, a Norfolk Circuit Court Judge allowed an Assistant Commonwealth Attorney to nolle prosequi an indecent exposure charge against a man.  Anthony Montagna argued against allowing the Commonwealth to amend the indecent exposure charge to public nudity.  When the Court sustained Mr. Montagna’s objection, the prosecutor decided to nolle prosequi or dismiss without prejudice the indecent exposure charge.  Coverage of the case exploded.  Newspapers, news channels, and even Sports Illustrated discussed the case.  For more information, please click. The case hinged on the definition of obscene.  Anthony Montagna argued that the streaker’s behavior may had been inappropriate, but the behavior did not rise to obscene.  Anthony Montagna cautioned people who may consider streaking a sporting event or in public.  Mr. Montagna stated that people who consider streaking could face other charges. This case provided a lot of discussions over lunches and dinners.  People, who attended the game, had differing opinions.  A good number of people found the streaker’s behavior to be funny and entertaining.  However, some people were concerned about the presence of children at the football game.