If you were one of the 96.4 million people who watched this year’s Super Bowl in Tampa, you probably saw a man in a pink thong darting across the field during the fourth quarter. The rogue spectator eluded two security guard’s arm tackles before being taken down hard at one yard line by a stout deputy. To avoid giving this man more of the attention that he so desperately craves, we will not state his name in this article.
Although CBS steered its cameras away from the streaker, thousands of fans in the stadium cheered, while millions of others have viewed the viral videos of the man rumbling across the field. The game had to be stopped while millions waited on this shirtless exhibitionist to make his way across the biggest stage in the world wearing a woman’s bathing suit. It was discovered later that the streaker profited to the tune of about $300,000 for bets he placed on internet betting sites. As a result of his antics: this man received the rush of his life, advertisement for his friend’s adult website, and was awarded about $300,000.
This is far from the first time this has happened at large-scale sporting events. And despite the enormous ramifications and the attention stolen from the event, these fans are almost always charged with the diminutive misdemeanor of trespassing. What is trespassing and what are the legal ramifications for streakers?
There are two types of Trespassing in Florida under statutes 810: 1) Trespass in Structure or Conveyance; and 2) Trespass on Property Other than Structure or Convenance. Here, our guy was charged with the second, Trespass on Property Other than Structure or Convenance. This offense occurs where a person who, without being authorized, licensed, or invited, willfully enters upon or remains in any property other than a building or vehicle.
In order to prove this crime occurred, the state must prove:
- The defendant willfully entered upon or remained in the property alleged;
- The property was owned by or in the lawful possession of the person/entity claiming the trespass;
- Notice not to enter upon or remain in that property had been given by either actual communication or by posting, cultivation, or fencing on the property, and
- The defendant’s entering upon or remaining in the property was without the permission, express or implied, of the person or entity claiming the trespass or any other person authorized to give that permission.
The pink thong streaker was permitted to be in the stadium since he had a ticket. He, however, was not permitted onto the field of play. The field is owned by Hillsborough County, who essentially claims the trespass. Typically, there is notice given on the ticket that the ticketholder is not permitted on the field of play. Often, it is posted on signs and stated by the public address announcer. It could also be argued that it was clear to the streaker that he was not permitted to remain on the field when he was chased down by two security guards and a Sheriff’s Deputy., there is likely no evidence that any permission was given, express or implied, for him to be on the field. While one could technically present the argument that the streaker had implied consent to go anywhere in the stadium due to the fact that he paid a small fortune for his ticket, it would be extinguished quickly by the rebuttal that the streaker’s awareness of his unlawful entry onto the field was reflected by the fact that he ran onto it and immediately eluded everyone who tried to capture him. In other words, he knew he couldn’t do that.
Since there is likely no viable defense, what will happen to the streaker? He will be charged with a first-degree misdemeanor and the State could punish him with up to one year in the county jail. It is most likely, however, that he will receive a fine of about $500 and will receive a life-time suspension from Raymond James Stadium. Not a bad deal for a new celebrity who just made $300,000.
If you have been charged with trespassing or would like more information on streaking, call our experienced criminal defense attorneys at (727) 205-5555.