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Hi, I need some advice on Privacy in the Home. I live next…

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Hi, I need some advice on...
Hi,

I need some advice on Privacy in the Home. I live next to what was a Federally Protected Wetland. Now the Park District has made this an active park and placed a trail right up against my property. The back of the house is set back 30' from the rear lot line. THe other day a Park Official was standing on the new trail 32' from my house. He saw me naked inside my home. He reported it to the Police and they have charged me with a Ordinance Violation - breaching the peace. Do I have a right to be nude inside my own house?
Submitted: 8 years ago.Category: Legal
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6/23/2010
Lawyer: Ray, Lawyer replied 8 years ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,864
Experience: 30 years in civil, probate, real estate, elder law
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Thanks for your question.The issue is not that you have right to be nude in your home but whether or not you are visible to others here.If you say lived in neighborhood with regular houses but others see you in a window same charge here.I'm sorry but you have to be careful here with whether there is exposure..
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Customer reply replied 8 years ago

Hi Ray, I pulled this info up on the internet. What about 4? By prosecuting me, aren't they giving other people a false impression that I'm some kind of weirdo?

 

Prosser, in both his article and in the Restatement (Second) of Torts at §§ 652A-652I, classifies four basic kinds of privacy rights:

  1. unreasonable intrusion upon the seclusion of another, for example, physical invasion of a person's home (e.g., unwanted entry, looking into windows with binoculars or camera, tapping telephone), searching wallet or purse, repeated and persistent telephone calls, obtaining financial data (e.g., bank balance) without person's consent, etc.
  2. appropriation of a person's name or likeness; successful assertions of this right commonly involve defendant's use of a person's name or likeness on a product label or in advertising a product or service. A similar concept is the "right of publicity" in Restatement (Third) Unfair Competition §§46-47 (1995). The distinction is that privacy protects against "injury to personal feelings", while the right of publicity protects against unauthorized commercial exploitation of a person's name or face. As a practical matter, celebrities generally sue under the right of publicity, while ordinary citizens sue under privacy.
  3. publication of private facts, for example, income tax data, sexual relations, personal letters, family quarrels, medical treatment, photographs of person in his/her home.
  4. publication that places a person in a false light, which is similar to defamation. A successful defamation action requires that the information be false. In a privacy action the information is generally true, but the information created a false impression about the plaintiff.

Only the second of these four rights is widely accepted in the USA. In addition to these four pure privacy torts, a victim might recover under other torts, such as intentional infliction of emotional distress, assault, or trespass.

Unreasonable intrusion upon seclusion only applies to secret or surreptitious invasions of privacy. An open and notorious invasion of privacy would be public, not private, and the victim could then chose not to reveal private or confidential information. For example, recording of telephone conversations is not wrong if both participants are notified before speaking that the conversation is, or may be, recorded. There certainly are offensive events in public, but these are properly classified as assaults, not invasions of privacy.

Lawyer: Ray, Lawyer replied 8 years ago
This would likely be treated as indecent exposure here.Certainly you are free to raise any constitutional issues you want here at trial.Here is reference here ot Illinois law.

Indecent exposure is the charge whenever a person willingly and purposefully exposes their genitals, buttocks or a female exposes her breasts in a public place or within view of a public place. This means that someone may expose themselves in a home but be visible to someone on the street and may be charged with indecent exposure. Felony indecent exposure typically includes an adult exposing themselves to a child or children, or in situations where some type of threat or coercion is used on the person viewing.

Felony Indecent Exposure Penalties

As with any type of felony offense the result of felony indecent exposure charges can be very serious and significant. Typically the specific situation around the exposure as well as any other crimes that may have been committed in conjunction with the indecent exposure will also impact on the penalty.

Possible Penalties for an Indecent Exposure Felony

  • Jail time
  • Probation
  • Fines
  • Restitution
  • Registration as a sexual offender
  • Mandatory court ordered classes
  • Community Service

Felony Indecent Exposure Sentencing

The court will often consider several different mitigating circumstances if presented during the hearing. The most important aspect of these cases is to be able to prove that the individual knowingly exposed themselves in such as way as to qualify the charge as a felony offense. An attorney can work with both the court and the prosecutor in an attempt to get the cases alternatively sentenced or possibly reduced to a misdemeanor. In some situations it may be possible to get first offenses, especially with no priors on the individual's record, reduced to community service hours and mandatory counseling or classes to prevent this from going on their record.

 

 

The real problem with this charge is they may require you to register here as sexual offender.This is serious as it has long term employment and professional implications if you get this on your record.A lawyer to me is critical here to present your constitutional arguments including right to privacy, etc.

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Customer reply replied 8 years ago

Hi Ray,

 

Sorry if I got you off track. It wasn't indecent exposure. That's why they came up with an "Ordinance Violation, disturbing the peace". But you immediately thought that, and that's what I'm referring to under #4. Can I counter Suit for Defamation of Character?

 

Thanks

 

John

Lawyer: Ray, Lawyer replied 8 years ago
You always have the right to sue someone civilly including defamation if ther has been false information distributed to third parties.
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Customer reply replied 8 years ago
In a privacy action the information is generally true, but the information created a false impression about the plaintiff.
Lawyer: Ray, Lawyer replied 8 years ago
Then you may allege such a claim in your suit here for defamation.
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