Is It Legal To Be Nude In My Backyard?

Replies

• BB

  

  Bill Bowser

  Nov 24, 2011

  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.
  

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• LU

  

  luxorsecurityOriginal Poster

  Nov 27, 2011

  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

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• SU

  sunnmaxx

  Dec 19, 2011

  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.

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• CD

  

  Cheri Donna Dawson

  Dec 23, 2011

  [quote]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.[/quote]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.
  

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• RO

  

  rolie100

  Mar 24, 2012

  The Dutch law is quite easy. You have the right to be naked in your own garden. Even if the neighbors can see it. There is one restriction. you should not be visible from public road.
  Stay naked,Roland

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• RO

  

  rolie100

  Mar 24, 2012

  The Dutch law is quite easy. You have the right to be naked in your own garden. Even if the neighbors can see it. There is one restriction. you should not be visible from public road.
  Stay naked,Roland

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• MA

  

  ManOfWicklow

  Apr 15, 2012

  [img style="PADDING-BOTTOM: 8px; PADDING-RIGHT: 8px; PADDING-TOP: 8px" id=il_fi src="http://rlv.zcache.com/never_mind_the_dog_beware_of_owner_sticker-p217187442904790650z85xz_400.jpg" width=400 height=400>

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• CD

  

  Cheri Donna Dawson

  Apr 16, 2012

  bump
  

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• SA

  

  SandShell

  May 5, 2012

  Good fences make good neighbors.

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• ME

  Member

  Jun 1, 2012

  [quote]Good fences make good neighbors.[/quote]Well said.  I could not have said it better myself.  I know when I reached the third post I was thinking the very same thing- the best way to keep them from complaining is by making sure they can't see it without some form of out-of-the-ordinary-effort.  Walking in their backyard and glancing over the fence is normal.  Erecting a ladder to look over the privacy fence is not.  Waving hello to you and yours while watering the flowers is normal.  Crawling through the bushes to get a peek is not.  I learned that myself years back at a place I was renting.  A couple caught a glance of me in my yard while they drove past.  The only way they could see for sure "anything", is by stopping in the middle of the road (no pull offs) and crawling through the bushes.  Anddddd, wah lah!  They video taped me naked as a jay bid!  And they turned that over to the county sheriff who, after viewing it with a sgt. I personally knew, wrote them both tickets.  Voyeurism/invasion of privacy, trespassing and impeding traffic on a private roadway.  Long story behind it really, but essentially they left me alone and went back home with their pride bruised.
  

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• CD

  

  Cheri Donna Dawson

  Jun 11, 2012

  Please be advised that the police do not always know the laws.  If you have a Law School in your area, call the Law Library. They'd be happy to look up public indecency or indecent exposure.

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• BO

  

  Bob

  Jun 11, 2012

  We live in a residential area of Jersey City. There are 16 two story houses per acre. The houses are on full basements. As a result, even the first floor windows have a view over our 6 foot fence. Our lot is 25 feet by 100 feet. The yard is 25 feet by about 40 feet.
  
  Bob
  

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• ME

  Member

  Jul 14, 2012

  I asked a very experienced litigation attorney friend of mine who is licensed to practice in Florida and Nevada. In urban areas and some rural areas, if a neighbor or passerby can readily see the naked person from a window, a public road or property, while inside a car passing by, etc...... then the naked person is subject to indecent exposure statutes.  Of course this does not apply to designated nudist areas.
  
  And no state or local municipality gives a flying f**k about the "Nudist Bill of Rights" in an area not designated as nudist.
  
  

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• T=

  

  Tom === Thomas S. Tierney

  Jul 15, 2012

  Ignorantia juris non excusat or ignorantia legis neminem excusat
  (Latin for "ignorance of the law does not excuse" or "ignorance of the law excuses no one") is a legal principle holding that a person who is unaware of a law may not escape liability for violating that law merely because he or she was unaware of its content.
  
  Being stupid is never a legal defense, as you will be told as you are taken away in handcuffs.
  

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• ME

  Member

  Aug 6, 2012

  Here's a scenario for you: I'm leaning naked against a porch support on the side of my house taking in the fine morning air. You're on a walk accompanied by your 200 lb. English mastiff.  In a moment of intestinal discomfort, the dog decides to use my lawn as drop zone. I have to watch your God-awful monster assume his awkward squat and push five pounds of processed Alpo out on my grass... sure, nothing obscene about that... but then you can turn around, see Mr. Winky looking back at you,and have me carted off for "indecent" exposure!Where's the equity in that!  (Sorry if any of you were eating brownies, etc.)

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• CD

  

  Cheri Donna Dawson

  Aug 15, 2012

  [quote]This is something I am wondering about in NC as well... We just bought a house and the neighbors can see our back yard from one upstairs window. I'm in a conservative smaller city and can't risk just asking them if they mind... Word would spread and many would outcast us. I will make every effort to block their view with a fence and some fluffy evergreens, but at what point can I feel comfortable that I will not be arrested in my own backyard? Does anyone know the law in NC? Maybe I just shouldn't risk it, though the thought makes me sad, I do so love the sun on my skin.    [/quote]This is from the NAC website for NC.   There may be other restrictions in your city/community/subdivision.
  
  14-190.9. Indecent exposure.
  
  (a)
  
  Unless the conduct is punishable under subsection (a1) of this
  
  section, any person who shall willfully expose the private parts of his
  
  or her person in any public place and in the presence of any other
  
  person or persons, except for those places designated for a public
  
  purpose where the same sex exposure is incidental to a permitted
  
  activity, or aids or abets in any such act, or who procures another to
  
  perform such act; or any person, who as owner, manager, lessee,
  
  director, promoter or agent, or in any other capacity knowingly hires,
  
  leases or permits the land, building, or premises of which he is owner,
  
  lessee or tenant, or over which he has control, to be used for purposes
  
  of any such act, shall be guilty of a Class 2 misdemeanor.
  
  (a1)
  
  Unless the conduct is prohibited by another law providing greater
  
  punishment, any person at least 18 years of age who shall willfully
  
  expose the private parts of his or her person in any public place in
  
  the presence of any other person less than 16 years of age for the
  
  purpose of arousing or gratifying sexual desire shall be guilty of a
  
  Class H felony. An offense committed under this subsection shall not be
  
  considered to be a lesser included offense under G.S. 14-202.1.
  
  
  
  (b)      Notwithstanding any other provision of law, a woman may breast
  
  feed in any public or private location where she is otherwise
  
  authorized to be, irrespective of whether the nipple of the mother's
  
  breast is uncovered during or incidental to the breast feeding.
  
  (c)
  
  Notwithstanding any other provision of law, a local government may
  
  regulate the location and operation of sexually oriented businesses.
  
  Such local regulation may restrict or prohibit nude, seminude, or
  
  topless dancing to the extent consistent with the constitutional
  
  protection afforded free speech. (1971, c. 591, s. 1; 1993, c. 301, s.
  
  1; c. 539, s. 124; 1994, Ex. Sess., c. 24, s. 14(c); 1998-46, s. 3;
  
  2005-226, s. 1.)
  
  
  
  § 113-35. State timber may be sold by Department of
  Environment and Natural Resources; forest nurseries;
  
  
  control over parks, etc.; operation of public service
  facilities; concessions to private concerns.
  
  
  
  (a) ... The Department shall make reasonable rules for the regulation
  
  of the use by the public of such and all State forests, State parks,
  
  State lakes, game refuges and public shooting grounds under its charge,
  
  which rules, after having been posted in conspicuous places on and
  
  adjacent to such properties of the State and at the courthouse of the
  
  county or counties in which such properties are situated shall have the
  
  force and effect of law and any violation of such rules shall
  
  constitute a Class 3 misdemeanor.

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• MA

  

  macnude

  Aug 16, 2012

  A new neighbor had moved in and cut back many bushes in her yard which had provided partial screening for my yard which is heavily planted. We have had friendly conversations in the past so I simply asked her," Does this mean that I have to wear a swim suit when I jump in the hot tub?"
  
  She replied," I didn't know that you had a hot tub."
  
  I explained that," I don't enjoy wearing a suit in the tub but the last thing I want to do is offend anyone"
  
  She said," That dosen't bother me"
  
  I then invited her to come and take a dip at any time with or without suit.
  
  Problem solved.
  
  This is, of courese, no solution to the possible legal problems involved but having friendly, understanding neighbors can go a long way toward not having to worry about the legal issues.

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• T=

  

  Tom === Thomas S. Tierney

  Aug 16, 2012

  If in doubt, don't let it hang out.
  

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• BR

  

  Brian

  Aug 18, 2012

  I live in Alberta, Canada and my backyard can be viewed by my next door neighbours immediately to the east from their second floor windows. Also we have this alley going beside the house on the other side and while we do have a fence, people could still look in between the slats. When I'm mowing the lawn, I would nothing more than to strip naked while I do it. But these present prohibitive restrictions. That's my situation.

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• MA

  

  ManOfWicklow

  Aug 19, 2012

  [img src="http://images.cheezburger.com/completestore/2009/10/10/128997105696917580.jpg">

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• BI

  

  bikerdancer

  Feb 10, 2013

  I to have wondered if it is legal to be nude in my back yard. I live in Lubbock Texas.  I truly like being nude in my house and in my yard. the problem with the back yard I have a two story house behind me. I plan on building a higher fence,so they can't see me but untill then. Not sure what the laws are here. anyone know?

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• GA

  

  gator1

  Feb 11, 2013

  [quote]... on the other side and while we do have a fence, people could still look in between the slats. When I'm mowing the lawn, I would nothing more than to strip naked while I do it. But these present prohibitive restrictions. That's my situation.[/quote]I bought some sunscreen material at Home Depot, 6 feet wide and 25 feet long, cut to length, then stapled to the fence.  Fairly expensive to do all 300 feet of fence I have, but problem solved.  I've been nude to mow now for the past 5 years, in my back yard anyway.  I think there are some nude mowing pics in my profile.
  Gator1
  
  

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• ME

  Member

  Apr 7, 2013

  [quote]Ignorantia juris non excusat or ignorantia legis neminem excusat
  (Latin for "ignorance of the law does not excuse" or "ignorance of the law excuses no one") is a legal principle holding that a person who is unaware of a law may not escape liability for violating that law merely because he or she was unaware of its content.
  
  Being stupid is never a legal defense, as you will be told as you are taken away in handcuffs.
  [/quote]Handcuffs are not my thing. Hope my neighbors don't want to put me in them! So far so good! I would understand if I was harming them, but this is my world too! Just because my neighbor may have painted their house pink gives me no right to call the cops on them! Why should going nude in my own backyard be a reason for them to call 911?
  
  

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• MA

  mako09

  Apr 7, 2013

  Where I live the law states that to be in violation you have to be viewed from Public since my neighbors house is Private property even though they have a clear view of certain parts of my pool I have asked her if she would be offended. Her answer was it didn't bother her and the last people in my house did the same thing. Now after four years she has come over and visited with us while we are nude even though she doesn't participate.

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