Legal Question?
We live in Southern California and when we go in our jacuzzi in the backyard we never wear clothes. Not in it or walking to or treating it afterward. Our question is, since it's in our own back yard do we face any problems? Keep in mind we are in California, the sue happy capital of the nation. We also like to sunbath nude here, but since we now have three sets of neighbors who can see our yard from upstairs we haven't done so. Any facts would be greatly appreciated.
Curious in SoCal
I'm not sure of the laws in your county, but here in San Bernardino county there are no laws against public nudity. We arealways nude out back at the pool, and have several times been nude in the front yard (I live at a 4-way intersection) for final offerings after rituals. If neighbours were to call the police, we could have them arrested for being "peeping toms".
Not a legal answer ,of course, but i've mentioned to most of my neighbors who might catch a peek that they may spot a bare butt climbing into the hot tub. They are cool with that and being forewarned, probably wouldn't be to shocked if they spotted something other than butt.
Grin and Bare it
Art
(1) A person commits indecent exposure if he knowingly exposes his genitals to the view of any person under circumstances in which such conduct is likely to cause affront or alarm to the other person.
Very similar to Ohio law.
The catch phrases a lawyer would pick up on, are "knowingly" and "likely" as well as "affront or alarm."
It could be argued that if you are nude, then you "knowingly" exposed your genitals. OK...
"Likely" well..... this is where a lawyer or prosecutor can get into "knew or should have known" type arguments.
An "affront" is not nearly as ominous as it sounds. Merely meeting someone is an affront.
Now, "alarm" gets sticky, because if a person is merely surprised, is he/she alarmed ?
I'm no lawyer, ( 99.9% of lawyers give the rest a bad name ) nor do I play one on television, but I do love an academic argument.
While I disagree with what happened to your grandfather, it's not that rare.
One of the resorts I frequent has hiking trails, and one or two of them approach a neighbor's property.
Now, as one of the oldest resorts in the country, we can guess who was there first. ( confirmed )
These new neighbirs build their house next to a nudist resort, and then call the cops to complain about seeing naked people "exposing" themselves. Go figure !
WELL, bubsequent to their complaints, it's decided that we ( nudists ) "know or should know" that the neighbors object, so that makes US guilty of indecent exposure ! Huh ?
About the same as the people who choose to live next to a freeway, or airport, then get it shut down, severely restricted, or have walls built at public expense, because they don't like what THEY CHOSE to live next to.
Some things just don't make sense in the "Land of the Free" anymore.
Bottom line, KNOW the circumstances in your neighborhood.
As I've penned elsewhere, I've walked my neighborhood, day and night, to see just exactly what can be seen at my house, from what angle, at what time of day, and by whom, so I know. As a result I DO know that someone MUST be tresspassing to see anything where I might be.
That then becomes a legal argument as to which is the worse offense. Tresspassing and peeping, or simple nudity ?
the nudist resort was there before the people moved in, there fore it is on them to know what is around them. these people sound like people who listen to howard stern to be offended by what he says, knowing that they find him offensive. those people were just looking for a reason to complain. thosekind of people make it their livs work to find things to offend them then proceed to try and eradicate them. if they find if offensive then everyone else should too.
Hello this is my first post here but on the law vs. Nudity the nude one is in my view the 'guilty' one. Now hold on i know i am starting a conflict. The charges that have been pressed against me and my wife are based on what someone said that saw us do. We have lost our jobs, our careers, have had our name and mugshots on the news etc. This has all been done and we have had one court date that was rescheduled. What happened to having to prove guilt. We have not even been tried yet. So with all the ranting complete i have found few laws that protect my lifestyle choice. This reply is kinda off topic but if there is any doubt on a legal issue always err on the safe side. The legal system was set up by lawers for lawers. I hope this does not get me dropped from this site.
Welcome to this community. The bests thing you could do is to contact NAC and AANR. Good friends of ours were charged with outrageous claims. The national organizations were contacted and are helping. That's one of the best reasons to be part of them - to support that which we believe in
A friend of mine told me one day about a "jerry springer" show about a nudist women body builder that was on the set. She was wearing cloth for a bit then later in the show she took off her close in front of the addience. she told the people about her life style and how she and her boyfriend do everything naked together even in public,like going shoping, ridding bikes and stuff and no one complained about them yet and it got me thinking, is there a way i can do that somewere in the US and not worry about getting arrested?