United States v. Statler

MEMORANDUM OPINION

ELLIS, District Judge.

The' question presented by defendant Robert George Statler’s motion to dismiss Count II of the Criminal Complaint is whether a charge of disorderly conduct under 36 C.F.R. § 2.34 for public masturbation precludes the application of the Assimilated Crimes Act (“ACA”), 18 U.S.C. § 13, to support a charge under the Virginia indecent exposure statute, Va.Code § 18.2-387, for the same conduct. For the reasons that follow, assimilation of the Virginia statute in these circumstances is inappropriate.

I

On July 26, 2000, a United States Park Police Officer…