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Public Nudity Laws

What is public nudity?

Public nudity is the act of exposing ones nudity to the public or being nude in a public accessed place where people are able to enter at some point. Most jurisdictions have laws against public nudity. However, there are some exceptions to this rule, such as nudist beaches. Below are a few of the more commonly asked questions about public nudity.

Is accidental public nudity a prosecutable crime iin New York?

Case Details: A man accidently walked into a mixed gender swimming area in a health club with his swim trunks in his hand.

The man could possibly be charged with public nudity but it isn't likely to go this far. The police will watch the video and realize the gentleman obviously made a wrong turn into the swimming area. It is possible that the police will want to speak with the man to verify this was a mistake. Before the man returns to the health club, he may want to speak with someone at the club about the incident.

Could I be in trouble with the law for being part of public nudity in this case?

Case Details: I took nude photos of my friend for his art class. The photos were on the roof of my rental apartment. I copied the photos off on a CD with the friend's verbal approval. Can I be in trouble if someone sees the photos?

Generally, a person could be arrested on the grounds of public indecency. However, this is a case of nudity for art and is generally held as protected speech instead of public nudity. However, if the photos were taken for pornographic reasons, it would become a different matter altogether. It may be possible for the landlord to take issue with the photos. If the photos have affected other tenants, you may be evicted. Because no one saw you taking the photos, you obviously haven't disturbed any of the other tenants. In order for the landlord take action against you, he would have to see the photos, know who took the photos, or recognize his building.

How can I help my son charged with public nudity in this case?

Case Details: My son mooned someone while in a vehicle, driving past a house and the people charged him with public nudity. We live in Indiana.

The Indiana Statue defines one form of public nudity as when a person shows their buttocks to the public. Regardless whether or not he was in a private vehicle when he mooned the people, he exposed his buttocks to the public. The only defense that your son could use at this point is if her were to state that he exposed his buttocks against his will by force of someone else. Because your son is 16, it is very possible that nothing serious will come from this. He will probably receive community service and a few months of probation.

Is there a valid case for public nudity charges here?

Case Details: There is a six foot wooden fence around the yard in which a person is not clothed. Someone goes out of their way to look over the fence and see the person without clothes sunning or in his/her pool and then charges the person for public nudity.

As long as you make an attempt to avoid the public from seeing your nudity, I am unaware of any law that would keep you from being nude in your home or yard. You are not attempting to expose yourself. Aside from having a nosy neighbor or a police department that doesn't agree with nudity in the privacy of your home and yard, you may have issues. As long as your yard is enclosed in a privacy fence and you take precautions to not be seen, there shouldn't be any issues.

Is it illegal for a male nudist to walk around their home naked?

Case Details: The neighbors cannot see anything below the waist.

Indecent exposure is considered when the genitals are being exposed according to most state laws. Considering the fact that you are in your home and not in the public eye, it would be hard for anyone to make a case against you, especially since the exposure is above the waist. Usually, this would not be illegal.

Public nudity is allowed in certain designated areas. However, in many areas, public nudity can land you in jail. If you have questions about public nudity laws or are facing charges of public nudity, you should contact an Expert to assist you in finding a solution for your individual situation.

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