Is It Legal To Be Nude In My Backyard?
I actually wrote to the Sheriff, County District Attorney, and State Attorney General here in Clark County (Las Vegas) Nevada. Both the Sheriff's and Attorney General Offices failed to answer, though they did respond. I'm still awaiting an answer from the DA.Additionally, I asked about nude driving and the minimum coverage required in my front yardor on my street. I don't know if or when I'll ever get a response but at least I haven't been told I've broken any laws nor have I been visited by law enforcement. I'm sure looking forward to apositive response in all cases. Then, it'll just be a matter of getting my wife to accept my nudity or near nudity, or to even join me. Jim
According to nudistlaw.com the relevant Nevada statutes read:
201.210, Open or gross lewdness: 1. A person who commits any act of open or gross lewdness is guilty: (a) For the first offense, of a gross misdemeanor. . . .
201.220, Indecent or obscene exposure: 1. A person who makes any open and indecent or obscene exposure of his person, or of the person of another, is guilty: (a) For the first offense, of a gross misdemeanor. . . .
Since simple public nudity is not mentioned your activities would not be covered by either of these sections, but there are numerous other charges which could be applied, such as disturbing the peace or disorderly conduct. It is not unusual for law enforcement or government officials to refuse to tell you if what you are considering violates the law. For some reason they refuse to do that, but once you do it they will take action. For better advice than mine you should consult an attorney. If you do so, please let us know what you learn.
I received the same advice from both the Sheriff's and AG's offices - seek advice from an attorney. You're right, they won't tell you what the limits are but will simply wait for a complaint then act to either advise you or arrest you on some charge. I'm still hopeful, though, the District Attorney's office will actually answer my questions. Jim
Our state law in Ia says they have to prove "intent to offend" so if you carry shorts and try to cover up that should take care of it however nothing will gaurantee you won't get arrested and charged. If you are in a backyard the best insurance is simply to get to know your neighbors. I have asked 2 out of 3 if they minded if we were nude around the hot-tub, and they didn't have a problem with it. the third neighbor is not worth asking. So we feel comfortable on the deck but not in backyard.
Before you waste the money on a mouth piece (lawyer) The term offensive and open lewdness is determined by the reporting person AND by general consensus. IF the general public finds the activity offensive, youll get charged.
It really depends on the state in which you are located. In at least a couple of states, just being nude can warrant a complaint with or without affront. Read the state law(s) and then find out if your locality, county, etc. has additional ordinances.
I actually plan on calling our police dept next week to ask this question and hope to get a serious answer. We are going to have new neighbors moving in soon. I plan on speaking with them as well. Our previous neighbors moved and they were more than tolerant of our nudism. Though they were not nudists or practiced nudity in their home, they felt it was okay that we did what we did in the privacy of our backyard and they stated that ... "if they didn't like or were offened by what they saw ... they could either not look or close their shutters." Needless to say ... the shutters remained open and several times we saw each other and they waved and smiled. We have a couple of neighbors across the street that have commented positively on our right to do what we want in our backyard ... referring to our nudity. But even with that ... I'd still like to know the law.:)
That bill of rights sounds great, but I do not think every city is going to agree with all of it. America is just a bit too prudish to have an open veiw like that. If it does turn out that there is a law stating it is legal to have a penis in open public view, then I will be one of the first (in my area at least) to take a walk down the street nude, but until then I will respect anyone who does not want to see it and cover at their request. My feeling is, if anyone accidentally sees me and says anything, I hope they will be cool about it and be okay with me covering up while they're around and not bring the law into it.I have been enjoying being nude in my own back yard and I hope to spend much more time out there naked. I feel it is well isolated and someone would really have to try to look in and see me. I have not said anything to my neighbors yet, but I have thought about it. I do not want people who don't want to seea nude manto get a surprize. If I notice anyone able to see, I will likely have a towel on me before I find outif they are upsetabout it. If it turns out they were just caught by suprise but don't care, I will resume what I was up to. I am not here to push my freedom to be nude to the pointof bothering anyone. I will certainlynot be having sex in my yard,I just do not feel it isprivate enough for that.Last week, whilejust laying out watching the clouds,I heard a group of people come out in the yard onthe other side of the wall on one side of my yard. The wall is over 7 feet high, but I stillmade it a point to be quietto not draw attention, and I kept a towel close to pull over me, just in case.