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If a man accidentally walks into a occupied bathroom with a female using it, can he be sued or arrested?

New York, NY |
Filed under: Criminal defense

lets say its a unisex bathroom and the bathroom was unlocked and there was a female using it, and the man opens the door unknowingly.

Attorney Answers 3


On those facts as listed, it is unlikely someone would be arrested. If any of those facts change, the answer may change.

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

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I don't see a problem if its unisex.

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. Feel free to check out my web site and contact me. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

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Generally speaking, conviction of criminal offense requires "mens rea" -- a culpable state of mind. Anyone can walk into an unlocked but occupied unisex bathroom, intending to use it but startled to discover it is occupied. So where, on these facts, is a culpable state of mind?

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