Trail cams are becoming a nuicense to us nudists. I have told my stories in other posts with encountering neighbors' cams pointed onto my property. It hasn't caused a big riff between us but enough to be a problem. I inquired on my rights only to find that my municipal law oversees the state law. It basically says that trail cams, drones, viewing devices such as binoculars, etc. are considered the same as the perpetrators eyes. I have no legal recourse against it.
Trail cams are becoming a nuicense to us nudists. I have told my stories in other posts with encountering neighbors' cams pointed onto my property. It hasn't caused a big riff between us but enough to be a problem. I inquired on my rights only to find that my municipal law oversees the state law. It basically says that trail cams, drones, viewing devices such as binoculars, etc. are considered the same as the perpetrators eyes. I have no legal recourse against it.
What state is this in? I would think drones would fall under the category as invasion of privacy. As for trail cams, my neighbor in North Carolina put one out near the trail where I would take my dogs hiking while nude. Last time I was there he called me over to show me the footage he had gotten. Thankfully it was off the trail a bit and he only caught my dogs on it as well as a couple of deer. Whew!
So if no one saw you but a trail cam. Is it really indecent exposure? Can you legally offend a camera that is placed in hiding? I am sorry you have to deal with this but also I am really curious to see how this turns out for you. Definitely take advantage of the AANR as this could set precedence for others.
I have often wondered about Trail cam and outdoor nudity. Good luck.
Thanks everyone for responding,
Unfortunately, I think I may have been caught in a loophole specifically involving a national wildlife refuge. And again, just to be clear, it was a stupid move on my part to not think there would be cameras there in the first place. Here's the code on the ticket, as stated on the code of federal regulations website:
27.83 Indecency and disorderly conduct.
Any act of indecency or disorderly conduct as defined by State or local laws is prohibited on any national wildlife refuge.
This is on a US District Court violation notice, and it was a federal officer.
I would very much like to fight this, especially since it is a $500 fine, but there are two problems. First, I can't afford a lawyer for something like this right now. Second, I live in Florida. Florida is one of the very few states in which all records are public. According to the officer, if I pay the fine it will be done and this will never even reach the state, which means there will be no public record of it. If I fight it, it gets handed over to state courts and would be published with my name and all info.
The lowlife tabloid type media prey on this kind of stuff and I'm 100% sure that simply having the word "nude" on a violation would be enough to throw up a red flag somewhere. The last thing I need is for it to go viral, with my name, that I was caught on camera naked in a wildlife refuge. So basically, I'm screwed and it's gonna cost me $500. Nobody to blame but myself, expensive lesson learned: ALWAYS scope out the area before going nude!
This sucks, now I'm going to be super paranoid everywhere I go!
I feel badly about your situation. I'm not sure how much a consultation with an attorney would cost but it would be money well spent. The officer offering advice on pleading to the charge to make it go away is concerning to me. You have no way of knowing if he does not agree with his agency's policy to charge people under these circumstances and is genuinely sympathetic with your situation, or if he's just a jerk that would get perverse satisfaction making things worse for you. The good news is that since the maximum fine is $500 this charge is only a violation and not a misdemeanor. The Florida Sex Offender Registration law uses the language "Intentionally exposing the genitals in a lewd or lascivious manner in the presence of another person", so that should not be a potential consequence if you are convicted under this federal statute. You don't have to make a decision right away. The date to appear on the summons is not for a trial. At the first appearance you'll be asked if you understand the charges and how you want to plead. If you plead Not Guilty it does not mean you have to go to trial. That would give you more time to try to see an attorney and you can always change your plea later. One of the other posts mentions trying to get support from the AANR or one of the Florida naturist organizations. There's no way of knowing if you can get help unless you ask. All that involves is some phone calls and and time on your part. It might be worth the effort. If you can't get help from a lawyer you could always represent yourself at a trial. That's something you NEVER want to do in a criminal matter but people do it all the time when charged with a violation, like traffic tickets. The worst thing that could happen if you loose is you pay the $500 fine. You may be able to argue that your conduct did not violate the Florida law, so the Federal Stature does not apply. Take a look at the link below for a better explanation. I'm out of ideas right now but if I think of anything else I'll post it. Good luck, find a way to see a lawyer.
https://www.thehoffmanfirm.net/criminal-defense/sex-crimes/indecent-exposure/
One more thing. If you decide to plead out to this case, you might consider asking the judge if you may enter a Nolo Condendere or No Contest plea. It will still result in a conviction of the charge but would not be considered an admission of guilt as if you had entered a guilty plea. With a guilty plea the judge will ask you why you are pleading guilty and you have to say you committed the crime. If you plead Nolo the judge will not ask you those questions. The federal offense is a violation, but it cites the local state law of Indecent Exposure which is a misdemeanor. So by pleading guilty to the federal offense you will be admitting you committed the state offense. A conviction under the state law might result in having to register as a sex offender. It's unlikely that the county or State of Florida would come after you for the state charge and more than likely it would be considered Double Jeopardy, but never underestimate an overzealous bureaucrat.
Contact AANR for legal help and advice. Of any state in the union, they're very influential in Florida.
AANR is unlikely to be much help since they focus on landed clubs. Contact the NAC (Naturist Action Commitee) division of TNS (The Naturist Society). Find your closet rep at https://naturistaction.org/Area_Representatives/area_representatives.html.
When I had similar issues (https://oaoa.hawaii.gov/jud/22489sdo.htm & https://oaoa.hawaii.gov/jud/22457.htm) they helped me find a competent lawyer and helped defray the costs.
John aka cobeacbum
Get a lawyer! And ask this stupid "officer" who the heck it was that you were "exposing" yourself to! BTW, "officers" don't count, so don't let him talk you into that one. Tell him you want to see the federal statute that makes simple nudity illegal, and then you want to see the same thing for Florida! Hint: Years ago the Florida Supreme Court ruled that "nude is not lewd," so unless you were masturbating or doing something stupid, what you were don't was NOT illegal. Get a lawyer! He/she should be able to take care of this crap by a simple motion to dismiss.
Get a lawyer! And ask this stupid "officer" who the heck it was that you were "exposing" yourself to! BTW, "officers" don't count, so don't let him talk you into that one. Tell him you want to see the federal statute that makes simple nudity illegal, and then you want to see the same thing for Florida! Hint: Years ago the Florida Supreme Court ruled that "nude is not lewd," so unless you were masturbating or doing something stupid, what you were don't was NOT illegal. Get a lawyer! He/she should be able to take care of this crap my a simple motion to dismiss.
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