Only another manifestation of the continuing depravity of our society so endorsed. No big deal, huh?
In fact, under Biker's argument, no one should EVER be punished for public lewdness, since there is ALWAYS a possibility that they wouldn't have been caught.
Maybe you could make the same argument for drunk driving while you're at it. After all, if the cop doesn't pull the drunk over he or she might have made it home just fine and no one would be the wiser.