Hi guys - once more I am starting a thread without much material or time right now to devote to it. But here is the basic idea: I want to learn more about the legal aspects of going naked in public. And I also want to hear stories/news reports about legal issues regarding nudity as they arise around the globe. I guess this is not so much for kookie type "naked in the news" stories, but more serious issues where people are testing the law or trying to change the law.
So, to start off, here is a summary of what I learned yesterday in an hour of internet research:
OK, some basic background concerning the legality of going naked in public: The key term to understand is "Indecent exposure" and to also understand that the word "indecent" is relative. "Indecent" is subject to very broad interpretation i.e what may be considered indecent in one culture may not in other cultures. That is why nudity laws vary so much from place to place - everyone's interpretation of what is indecent is different. In Saudi Arabia, for example, for a woman to simply show her bare ankle may be considered indecent, while in Africa, some tribes still walk around fully nude and it is not considered indecent. "Indecent exposure" therefore is based on what is called "standards of decency", and those standards are inherently
local by nature. They are usually community based in other words, or standards grounded in religious affiliation, ethnic origin, etc. Also, these standards, as you will see, can vary greatly over time even in the same locale.
Now in the US, nudity laws are generally the province of individual states and/or local communities. Sometimes, local communities will enact ordinances that go against state laws, and the courts must intervene to decide which
laws have precedence and why. Also, State Parks, rec areas, federal land etc can have their own regs. But the basic thing to remember is this: When you read that
"nudity is legal" in a particular state, town, city or rec area, what it means is this: first of all, of course they are talking about
public nudity. Second, it means, very precisely, that
"simple nudity does not constitute indecent exposure" i.e simple nudity is
not indecent, and therefore it cannot be prosecuted under the law. By
simple, I mean totally nude, exposing the genitals etc but not in a way that is offensive, lewd, or aimed at children, etc. BTW, indecent exposure becomes "public indecency", a more serious crime, if sex or lewdness is involved. But that is getting ahead of the game.
OK, but there is a lot more to all of this than that, and here is where it gets kind of complicated. It goes back to this idea of what it indecent and what the standards of decency are in a particular area. You see, those standards are always in a state of flux. In fact, they are so unpredictable they can change at any time, and that change can take place based
simply on a complaint or two from local citizens. That is all that it takes. So this is often why you don't see many people walking around fully naked in places where nudity is legal! Take Oregon for example, or Vermont, or San Francisco. In all of these places in the past decade or so, some have tested the law by going naked in public for extended periods - walking the city streets, hanging around town for hours, etc. And in fact, Moira Johnston in NYC is doing just that right now in testing NY topless laws. But here is the problem - because
standards of decency are so fluid and constantly in a state of flux, all it may take is a complaint or two from a local to either get these people arrested and charged with indecent exposure, or perhaps for the city to take action and pass a local anti-nudity ordinance. I'm not sure at this point how widespread it is that an individual can single-handedly bring about an indecent exposure charge against a nude, but it happened in SF, and also in Seattle during the 2009 West Seattle WNBR. Otherwise, if a single complaint can't immediately bring about a police action, complaints lodged with the city can bring about a city council anti-nudity ordinance. THis is what happened in Brattleboro, Vt and Ashland, OR when a few tested the law and some people reacted negatively. So basically, what is in effect happening is that one or two angry locals are actually
changing the standard of decency in that area by registering a complaint. That is wielding a lot of power. These local laws may, as I stated above, go against more liberal state laws and so may not stay on the books, but it does kind of muck things up a bit if you are the one wanting going naked
So, for starters, that it is a simple, three paragraph, expose on the legality of going naked in public. It is all based on what is considered "decent" as opposed to "indecent" in a particular area, and remember also that the term "nudity is legal" which you see so frequently means that simple nudity (no lewdness) is not considered to be indecent. I'm no lawyer and so if you are and see any errors in my analysis, please let me know
In particular, I'm not too clear on the citizen complaint aspect at this time.
Otherwise, we'll see where this thread goes, but I just wanted to throw this out there. It would be my hope to keep any further discussion on a fairly high level, i.e focusing on the legal principals and how they vary around the world, rather than talking about how this girl or that got naked and caused a stir, etc.
thanks,
Klondike