Lewdness charge for streaking dismissed; appeal considered

BELLEFONTE, Pa. (AP) — A judge has dismissed a lewdness charge against a Penn State student who joined an annual naked run held to usher in spring finals.

Centre County Judge Bradley P. Lunsford said there was no evidence that Elizabeth Burke “affronted or alarmed” anyone or intended to do so in the annual Mifflin Streak just after midnight May 5. He dismissed the misdemeanor open-lewdness count and a summary disorderly conduct charge on Friday.

“Anytime plain common sense prevails in a court of law, it’s actually a win for everyone,” said Burke’s attorney, Stacy Parks Miller. “This was a harmless episode of youthful exuberance, and hopefully this will be the end of the issue.”

Parks Miller earlier used the same argument to get charges dismissed against another streaker, Daniel Mozer, at his preliminary hearing.

Centre County District Attorney Michael Madeira said he is considering appealing the ruling on Burke, of Jamison, and refiling charges against Mozer, 20, of Cherry Hill, N.J.

“We respectfully disagree with the legal and factual underpinnings of the judge’s ruling,” Madeira said.

Burke was one of seven people arrested at the event, which drew 1,000 to 1,500 spectators. Five of the other defendants have either pleaded guilty to reduced charges or entered a program for first-time offenders that could clear their records.

The judge said the fact that the event has occurred for decades and that police made no effort to disperse the crowd indicated to those taking part that their behavior “was not inappropriate.” But he cautioned that “a slightly different set of facts” could have meant a different conclusion.