Is It Legal To Be Nude In My Backyard?
I actually wrote to the Sheriff, County District Attorney, and State Attorney General here in Clark County (Las Vegas) Nevada. Both the Sheriff's and Attorney General Offices failed to answer, though they did respond. I'm still awaiting an answer from the DA.Additionally, I asked about nude driving and the minimum coverage required in my front yardor on my street. I don't know if or when I'll ever get a response but at least I haven't been told I've broken any laws nor have I been visited by law enforcement. I'm sure looking forward to apositive response in all cases. Then, it'll just be a matter of getting my wife to accept my nudity or near nudity, or to even join me. Jim
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.
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
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.
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.
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.
Good fences make good neighbors.
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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