Can you get into trouble for sunbathing topless in your yard

MemberOriginal Poster

May 16, 2019

Hey

Can you get into trouble if your in your yard and its fenced but the neighbor could see if they went to one window in their house because it's got two floors?

Thanks

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ME
Member
May 16, 2019
Interesting question, I think this has been answered at least a couple times on here if you search, but I think it always comes down to LOCAL LAWS (state/municipal). So what might be acceptable in one locale might not be in another, everywhere is different. I'm guessing California and SF have fairly liberal laws relatively speaking. The best solution would be to reach out to a local naturist group as they are probably very versed in local issues. Maybe go to Sequoians and talk with some people.
Beyond the law, as a neighbor, I'm guessing you're okay. The safest bet would be to just address it with the neighbor, just be positive. I don't know your situation, but most people are cool.
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JO
John
May 17, 2019
In the UK definitely no - see the official police advice [url][link]/link/3bfeb90837a3d2c6/aHR0cDovL2xpYnJhcnkuY29sbGVnZS5wb2xpY2UudWsvZG9jcy9udWRpdHkucGRm[/link]here.[/url]
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MA
maxwell1
May 18, 2019
I sunbath in the nude in my yard the neighbors see me and have called the cops twice. Cops came we talked and they just told me to put shorts on. They could have done more but said it wasn't worth their trouble due to everyone being over 18.
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ME
MemberOriginal Poster
May 20, 2019
Ok thank you
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DO
Don
Jul 26, 2019
Lauren, as a former California Peace Officer let me reply to this subject.

The Penal Code in California addressing indecent behavior says specifically, that LEWD behavior must be an element of the crime. There isn't a single district attorney in all of the State of California who would prosecute on simple nudity alone. So tanning in your backyard topless or even fully nude is not a crime under the California Penal Code. However, if you were to touch yourself in a sexual manner, such as masturbating, it would then become "Lewd", and you could be prosecuted.

There is also the whole legal concept, which the State of California recognizes, as "A Reasonable Expectation of Privacy". I can not comment on this as I do not know the physical makeup of your backyard, but suffice to say, if you have a fenced yard with privacy fencing, with only ranch style homes around you (no two story homes), you can do whatever you want in your backyard, because you have an "expectation of privacy". You could even have sexual relations outdoors because of that legal precedent. If someone gets onto a ladder so that they can peek over your fence to watch you have sexual relations with your partner, or even while you masturbate in the open air of your fenced backyard, then guess what? The person who violated your privacy by getting up on a ladder to see you is the guilty party and can be arrested for being a peeping Tom (or Tomasina). You CANNOT be charged with a crime.

I have mentioned before in other discussions, that in California, it is even legal to drive nude as long as you do not do anything "lewd", and that means that if you are stopped by a peace officer and you try to cover yourself up, they can then interpret that you were doing something lewd and will arrest you for indecent exposure. If you are driving nude and are stopped, do not try to cover yourself up, act like you would if you were clothed, and follow the peace officer's commands. If they ask you why you are nude, just tell them you are a nudist, that you live a clothing free lifestyle, that you were not nude in public, that you were not engaged in lewd behavior, and just on your way to whatever your destination is. I personally have never heard from a fellow peace officer that they placed someone under arrest for simple mere nudity.

I hope this helps.

God Bless,

Don
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WI
Will
Jul 26, 2019
@nytehawk thanks for this information. I live in San Diego county and have been nude in my backyard. Now unfortunately I am surrounded by 2 story houses and my fence isnt tall enough to provide any privacy. I am also surrounded by minors and one of them is autistic. I no longer go nude in my backyard.
I wish the houses that surrounded me were single stories since then I would be nude a lot in my backyard.
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FU
FullSun
Jul 27, 2019
You could try talking to you neighbors as we did. We told them they might see more of us than they would expect with the context clearly being nude and all of them responded with essentially ok, whatever. As Ive written in other threads we have two stories with full view of our yard and during the summer months Im in the backyard nude every day taking care of the pool or yard, swimming, laying out and getting sun, etc.
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JE
John English
Jul 27, 2019
Best thing I did was talk to the neighbor I got tired of sneeking around my own yard . They were great about it they even wave or say hi now I should of said something sooner it's better to know wear you stand
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SC
ScorpioRN1973
Sep 27, 2019
I'm sorry to hear about that. privacy is key for going nude. you're always welcome to go nude here in my backyard in palm springs
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RA
Radpat22
Sep 28, 2019
I wish I could naked outdoors. I live in a condo complex with mostly elderly people. My naked time is restricted to indoors. Anyway enjoy your naked days.
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BR
Brett Rapley
Oct 6, 2019
[quote]HeyCan you get into trouble if your in your yard and its fenced but the neighbor could see if they went to one window in their house because it's got two floors?Thanks[/quote]

The basic answer there is NO, you can't get into trouble, as long as your only sunbathing either topless or completely nude, if your yard is fenced off to give you privacy, then if they do go to one of their windows to look at or spy on you, they have broken the law, not you.

Basic simply nudity is exactly what it is, nothing more. If you scratched your boob and the neighbour said you were playing with yourself or being lewd, they actually have to prove it, otherwise it's classed as heresay, if they tried to or took a picture of you scratching any part of your body trying to prove you were doing more than you actually were, the law stands in your favour, not theirs, as they have then invaded your personal privacy, with intent to cause either humiliation or distress to you.

People should not be so damn prudish about seeing a naked body, we ALL have the same.
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Tom === Thomas S. Tierney
Oct 6, 2019
[strong][strong][strong]Free legal advice is worth exactly what you paid for it.[/strong][/strong][/strong]
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JO
John
Oct 13, 2019
[quote]People should not be so damn prudish about seeing a naked body, we ALL have the same.[/quote] They shouldn't but they are, unfortunately.
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ME
Member
Oct 16, 2019
Here in the deep South, a report of a naked man never comes out good.
You just have to be careful.
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KE
Kevin
Oct 16, 2019
I have to echo anyone who's suggested that you first look into local laws. In Colorado nudity that is openly visible is considered public nudity (and in Colorado public nudity is a sexual offence i.e. you become a registered sex offender). What makes it possible for me to be naked in my backyard is the landscaping options I've managed in that I have a "reasonable expectation" of privacy in my backyard and hence, the implication is that someone seeing me in my yard would have had to make an exceptional effort to do so. Look at the laws and do some research about YOUR area, both at the city, county and state level.
Being a nudist isn't always easy...
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