Can you get into trouble for sunbathing topless in your yard
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.
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.
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
@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.
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.
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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