I have a home that is along the canal. Which the canal is considered private property. I have a swimming pool, 3 foot high brick wall and senic fence on top of that. Can I legally sunbathe in the nude without violating decency laws in arizona. Other than people that jog and walk the canal that can see in my yard is one 2 story home 2 doors down if they choose to look into my yard from the upstairs window through the blinds?
State/Country relating to question: Arizona
Hello and thank you for the opportunity to assist you. There may be a slight delay between your follow ups and my replies as I am typing out my answer. Please remember that this is general information only, not legal advice, and no attorney-client relationship is formed.Under AZ 13-1402, a person commits indecent exposure if he or she exposes his or her genitals or anus or she exposes the areola or nipple of her breast or breasts and another person is present, and the defendant is reckless about whether the other person, as a reasonable person, would be offended or alarmed by the act.Notice that the statute does not state whether or not it matters that you are on private property while another person is present! The important phrase is whether or not "reckless about whether the other person, as a reasonable person, would be offended or alarmed by the act..."The rule of thumb that the authorities have been going with is this:-if you are in your own home and the blinds are closed, then you can be nude.-if you are in your own back yard and have a reasonable expectation of no one interrupting you unless they go out of your way to peek into your property, then you can be nude.-if you are in your own back yard but have a very open fence or no fence at all, then you cannot be nude.Here, we build upon this logic: "Other than people that jog and walk the canal that can see in my yard..."I am afraid that there, you may have an issue. You know that people are going to see you, and the prosecutor can argue that this reckless in that a reasonable jogger is bound to see you and be offended/alarmed.Of course, this is open to interpretation and ultimately, the question is put to a jury that may decide that you are not - in fact - guilty. But the case is there that the DA may charge you even if you are on your own property, since you are basically guaranteeing that individuals walking past will see you.While the legal system tries to be inclusive of every possibility, sometimes people have limited avenues to seek relief. Please understand that this is not the expert’s fault. Surely, you prefer that I tell you the truth rather than what you wish to hear. Please keep this in mind when rating my answer. I understand that this may not be easy to hear, and I empathize.I hope this finds you well. Please click Reply to Expert to keep talking, or rate my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. I work very hard to formulate an informative answer for you; please reciprocate my good faith. Otherwise, reply to chat more until we are finished and you are ready to rate. (You may always ask follow ups free after rating.)
I appreciate the honesty, however, one more question just for clarity, if the canal is private and signs are posted at the entry of the canal private property enter at your own risk. would that not be considered trespassing to joggers and people walking by?
By all means, ask away - this is why I am here. if the canal is private and signs are posted at the entry of the canal private property enter at your own risk. would that not be considered trespassing to joggers and people walking by?This can be used by you as an affirmative defense at trial, yes. However, the district attorney can state that you knew people would be coming by anyhow. Again, remember what I said before - it does not matter if this is on private and public property.I guess the US public is simply not yet ready for something that people in countries like Germany do without an issue (nudity there is essentially almost legal and during the summer, nude bathing and sunbathing is common at public parks).I hope this finds you well. Please click Reply to Expert to keep talking, or rate my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. I work very hard to formulate an informative answer for you; please reciprocate my good faith. Otherwise, reply to chat more until we are finished and you are ready to rate. (You may always ask follow ups free after rating.)
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