
The
decision came down from the Italian Supreme Court -- La Corte di
Cassazione -- in the case of a 69-year-old man, identified only as "PL,"
who was caught masturbating in Catania, a city on Sicily's east coast.
The
man was convicted in May 2015 after he performed the act in front of
students on the University of Catania campus, according to documents
filed with Supreme Court. The man was sentenced to three months in
prison and ordered to pay a fine of €3,200 (around $3,600).
However,
the defendant's lawyer appealed the case to the country's highest
court, which ruled on the side of the accused in June but only just made
its decision public. Judges ruled that public masturbation out of the
presence of minors is no longer deemed criminal conduct due to a change
in the law last year, which decriminalized the act.
The new iteration of the criminal code
does call for imprisonment -- of up to four-and-a-half years -- if the
act is witnessed by a minor.
In
light of this ruling, the court overturned "PL's" sentence. The case
has been sent back to local courts in Catania to determine exactly what
the administrative fine -- between €5,000 ($5,651) and €30,000 ($33,912)
-- will be.
Public masturbation remains a criminal offense in many other parts of the world, where it can lead to a jail sentence.
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