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Bob

Legal Issues

Is it lewd behavior if outsiders can see you naked in your house?

Posted May 2, 2013

Replies7
BO
Bob
BobOriginal Poster
May 2, 2013
Hoboken police charge man, 65, with lewdness; could be seen naked through window

http://www.nj.com/jjournal-news/index.ssf/2013/05/hoboken_police_charge_man_65_w.html#incart_river


Poll: Is it lewd behavior if outsiders can see you naked in your house?

http://www.nj.com/hudson/voices/index.ssf/2013/05/poll_is_it_lewd_behavior_if_ou.html#incart_river

Is it lewd behavior if outsiders can see you naked in your house?

Thank you for voting!

Yes  33.16%  (63 votes)

No  66.84%  (127 votes)

Total Votes: 190


Bob
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Replies

  • T=
    Tom === Thomas S. Tierney
    Tom === Thomas S. Tierney
    May 2, 2013
    Free legal advice is worth every penny you pay for it.
    ReactReply
  • DE
    DesertRat
    DesertRat
    May 3, 2013
    I'll give him the benefit of doubt and say that he is guilty of stupidity. Otherwise he is an exhibitionist and guilty as charged.
    ReactReply
  • JA
    jason
    jason
    May 3, 2013

    usually to be lewd the person has to do something to bring attention to themselves. simply standing nude in the vicinity of a window isn't lewd unless the laws in that area are puritanical.

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  • CA
    CabotCheese
    CabotCheese
    May 5, 2013
    Standing in the window for 15 minutes or more is pushing your luck. If I walk up to the window nude in order to close the curtains, which I do occasionally, I don't think it reasonable for someone to complain.
    If someone can see you inside away from the window, nude or otherwise, they need to mind their own business.
    ReactReply
  • WH
    whocan
    whocan
    May 20, 2013

    The Oxford English dictionary defines lewd as 'crude and offensive in a sexual way.' So again this goes back to the argument that simply being naked is not sexual.

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  • SU
    sunnmaxx
    May 20, 2013
    It is quite possible the cop did not know the definitions of lewdness or the guy who called either
    ReactReply
  • ME
    Member
    Jun 3, 2013
    In Indianapolis, Indiana simple exposure seen from outside one's property is first a (written) warning, and then an arrest. Public nudity is illegal throughout the state, but not lude. Conduct is an added offence. In fact, most counties don't require the police to do anything about home nudity. It's their call.  There should be a complaint and investigation for both the warning and arrest if the officer isn't witness to it. Before the Indy law changed seeing nudity or even sex from outside took the judgement of being intentional. But now there are more hotels and apartments downtown. Some converted office towers that look right into each other. When they first made the change to it being an actual offence the first use of the change was done wrong. No investigation, no warning. Just a complaint that the neighbor's kids had been watching a guy masturbate in his house. The cop just arrested him. ... Turned out to only be visible through a hole in the high fence that used to block the view to the couch.
    {{Barnes v. Glen Theatre, Inc.501 U.S. 560(1991) is a landmark decision of theSupreme Court of the United Statesonfreedom of speechand the ability of the government to outlaw certain forms of expressive conduct. The issue was whetherIndiana's public indecency law prohibitingtotal nudity in public placesviolated theFirst Amendment.Chief JusticeRehnquistsaid that the law was clearly within the State's constitutional power because it furthered a substantial governmental interest in protecting societal order and morality. Public indecency statutes reflected moral disapproval of people appearing in the nude among strangers in public places, and this particular law followed a line of State laws, dating back to 1831, banning public nudity.}}
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