Nudists Who Want Anti-Nudism Laws C
A group for those of us who want to have anti-nudism laws in our areas or states overturned or changed!
Confusing/Ambiguous law
Return to DiscussionsNot that I ever would as I do not want to risk getting arrested, offending neighbors, friends, etc. it would be nice to be able to go out front to get the paper, mail etc without having to put clothes on. With this in mind and having read other threads around this, I was curious and looked up the indecency law in California. Obviously there are county and city laws etc that also play into this but I found the California law somewhat ambiguous. It says:
Every person who willfully and lewdly, either:
1. Exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or,
2. Procures, counsels, or assists any person so to expose himself or take part in any model artist exhibition, or to make any other exhibition of himself to public view, or the view of any number of persons, such as is offensive to decency, or is adapted to excite to vicious or lewd thoughts or acts, is guilty of a misdemeanor.
Every person who violates subdivision 1 of this section after having entered, without consent, an inhabited dwelling house, or trailer coach as defined in Section 635 of the Vehicle Code, or the inhabited portion of any other building, is punishable by imprisonment in the state prison, or in the county jail not exceeding one year.
Upon the second and each subsequent conviction under subdivision 1 of this section, or upon a first conviction under subdivision 1 of this section after a previous conviction under Section 288, every person so convicted is guilty of a felony, and is punishable by imprisonment in state prison.
What is interesting here is the very first line that says 'willfully and lewdly'. The use of the word AND there makes it read as though it is perfectly legal if one were to not perform lewd acts.
Looking up the legal definition of lewd comes up with:
According to Section 647(a) of the California Penal Code, lewd conduct is defined as any conduct that involves touching another's genitals, buttocks or female breasts with the intent to arouse himself sexually or annoy the victim. The offender must also be in a public place and in the presence of a third party who may be offended. Finally, the offender must be aware of the presence of the third party.
Thus based on this (and I know, this alone...) it would be perfectly legal to walk out front, go get the mail and walk back in the house while nude as long as I do not touch anything but the mailbox, mail, etc. and have no sexual intent.
Again, I have no intent on doing so for many reasons but wish society and the law would recognize that nude is not lewd and just find this very interesting and believe I must be missing something otherwise I'm sure others would have tested this.
You think that is confusing? I'm in Florida. I know for a fact my neighbors have seen me nude sunbathing in my backyard. They haven't said anything but just in case I thought I would check the law and this is all I could find........ 800.03Exposure of sexual organs.It is unlawful to expose or exhibit ones sexual organs in public or on the private premises of another, or so near thereto as to be seen from such private premises, in a vulgar or indecent manner, or to be naked in public except in any place provided or set apart for that purpose. Violation of this section is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A mothers breastfeeding of her baby does not under any circumstance violate this section.
History.s. 1, ch. 7360, 1917; RGS 5445; CGL 7588; s. 1, ch. 61-51; s. 779, ch. 71-136; s. 3, ch. 93-4.
So, I'm guessing that I'm ok as long as I'm not "showboating" or having an orgy in the open where my neighbors could be offended.