From theSarasotaHerald Tribune
Is this guy going to be labelled as a sex offender? Notice that his picture is printed and the area in which he resides while the girls are not named.https://www.heraldtribune.com/article/20100804/BREAKING/100809882/0/news?tc=ar
What was the cop thinking to lay these charges?
Explanations of the laws regarding picture taking from Bert P. Krages, Attorney At Law - Oregon (excerpts)
The General Rule
The general rule in the United Statesis that anyone may take photographsof whatever they want when they arein a public place or places where theyhave permission to take photographs.Absent a specific legal prohibitionsuch as a statute or ordinance, you are
legally entitled to take photographs.Examples of places that are traditionallyconsidered public are streets,sidewalks, and public parks.
In most places, you may reasonablyassume that taking photographsis allowed and that you do notneed explicit permission.
Members of the public have a verylimited scope of privacy rights whenthey are in public places. Basically,anyone can be photographed withouttheir consent except when they havesecluded themselves in places wherethey have a reasonable expectation ofprivacy such as dressing rooms, restrooms,medical facilities, and insidetheir homes.
Permissible Subjects
Despite misconceptions to the contrary,the following subjects canalmost always be photographed lawfullyfrom public places:
accident and fire scenes
children
celebrities
bridges and other infrastructure
residential and commercial buildings
industrial facilities and public utilities
transportation facilities (e.g., airports)
Superfund sites
criminal activities
law enforcement officers
Who Is Likely to Violate Your Rights
Most confrontations are started bysecurity guards and employees oforganizations who fear photography.The most common reason given issecurity but often such persons haveno articulated reason. Security israrely a legitimate reason for restrictingphotography.
On occasion, law enforcement officersmay object to photography butmost understand that people have theright to take photographs and do notinterfere with photographers. They dohave the right to keep you away fromareas where you may impede theiractivities or endanger safety. However,they do not have the legal rightto prohibit you from taking photographsfrom other locations.
Unfortunately as minors are involved regardless of whether he knew their ages at the time the picture was taken they will probably find him guilty of the charges
Here is the florida law...
Here's what the Florida courts have to say about that. The following is from Florida Statute 800.03:It shall be unlawful for any person to expose or exhibit his sexual organs in any public place or on the private premises of another, or so near thereto as to be seen from such private premises, in a vulgar or indecent manner, or so to expose or exhibit his person in such place, or to go or to be naked in such place. Provided, however, this section shall not be construed to prohibit the exposure of such or the person in any place provided or set apart for that purpose.
The Florida Supreme Court and lower courts have repeatedly ruled that mere nudity (as in sunbathing and skinny-dipping) is not in violation of this law. Nudity is not lewd, lascivious, or indecent exposure. Clothing-optional recreation does not harm the public's health, safety, welfare, or morals. There are no harmful "secondary contrary effects" of skinny-dipping or the sight of a person in the natural state of being unclothed on a public beach. The public has nothing to fear from a live nude body. (Emphasis added.)
What does this mean to you, dear noder? It means that as long as you are not boinking, jacking or jilling off where other people can see you -- either at a public beach or park or on your or someone else's property -- you are free to walk around without wearing clothes.
Of course, when tightrope walking the bare legal high wire of public nudity, a little commonsense is in order.
First, if you have the urge to be naked in public, do it at a recognized nude beach or resort. Obey their rules and enjoy yourself.
Secondly, if you plan to go natural at home, keep the curtains to large picture windows closed. In your backyard, assure that you aren't obvious to your neighbors, no matter how free-thinking you may believe them to be. This doesn't mean you have to hide on your own property, but you should be visually secure enough that someone can't see you unless they are actually trying to snoop. Normal fencing or tall shrubbery should be all you need to transform your backyard in to a private nudist club.
For example, my backyard is bordered by a tall fence on the north side. A jungle of overgrown shrubbery covers the west side. My house blocks out any view from the east. On the south side of the yard is a low fence over which I can chat with my neighbor. Any time I want to read a book, weed the garden or clean the pool in my birthday suit, I make sure it is during hours when my neighbors are away. If they are home, I situate myself so I am well hidden and stealthfully slip on some shorts if I feel like doing any puttering.
So at least in the Sunshine State, if you want to work on your all-over tan and then go for a swim, feel free. After all, there is nothing to fear.
https://www.fanr.org/apollobeach/legal.htm
As many have said, it varies from state to state, and according to the reaction of the investigating officer and the prosecutor, but I can tell you that you really don't want to risk it in Arkansas where it's not only illegal to be nude infront of a person of the opposite sex unless it's your doctor or your spouse, it's illegal to try to change the law!
Arkansas's got one of the most restrictive laws on nudity in the nation,
various nudist websites who've done the comparisons claim. Arkansas law
(Sec. 5-68-204) prohibits persons from exposing their private parts
to anyone except a spouse or doctor. Not only can we not go about in the
nude, we can't even advocate, demonstrate, or promote nudity. Which
would make it illegal to try and change the law.
(https://www.arktimes.com/arkansas/naked-comes-the-bather/Content?oid=865194)
***Arkansas
Law: "Section 5-68-204. You may not be nude in Arkansas in the presence
of any person of the opposite sex who is not your spouse. It shall be
unlawful for any person, club, camp, corporation, partnership,
association, or organization to advocate, demonstrate, or promote
nudism, or for any person to rent, lease, or otherwise permit his land,
premises, or buildings to be used for the purpose of advocating,
demonstrating, or promoting nudism" (Nudist Law).
5-68-204. Nudism
(a)
The term "nudism" as used in this section is defined to be the act or
acts of a person or persons congregating or gathering with his, her, or
their private parts exposed in the presence of one (1) or more persons
of the opposite sex as a form of social practice.
(b) The provisions of this section shall not apply to the enumerated acts when:
(1)
The purpose of the person committing the act or acts is to render
medical or surgical treatment, or to determine the need for medical or
surgical treatment, or to cleanse such sexual part, and the person
committing such act is a licensed physician, as defined by 17-80-101,
or any such physician of a sister state making a professional call into
Arkansas, or the person committing any such act did so under the
professional direction of any such physician, or the person committing
any such act is a nurse duly registered or licensed by the Arkansas
State Board of Nurse Examiners; or
(2) When the persons are married legally one to another.
(c)
It shall be unlawful for any person, club, camp, corporation,
partnership, association, or organization to advocate, demonstrate, or
promote nudism, or for any person to rent, lease, or otherwise permit
his land, premises, or buildings to be used for the purpose of
advocating, demonstrating, or promoting nudism
(d) Any person,
club, camp, corporation, partnership, association, or organization
violating any of the provisions of 5-68-204 shall be guilty of a
misdemeanor and upon conviction shall be fined in any sum not less than
fifty dollars ($50.00) nor more than one thousand dollars ($1,000) or
imprisoned for not less than thirty (30) days nor more than six (6)
months, or both such fine and imprisonment for each offense.
________________________
5-14-112. Indecent exposure.
(a)(1)
A person commits indecent exposure if, with purpose to arouse or
gratify the sexual desire of himself or of any other person, he exposes
his sex organs:
(A) In a public place or public view; or
(B) Under circumstances in which he knows his conduct is likely to cause affront or alarm.
(2) Indecent exposure is a Class A misdemeanor.
(b)(1)
A person commits indecent exposure to a person under the age of twelve
(12) years if, with the purpose to arouse or gratify the sexual desire
of himself or of any other person he purposefully exposes his sex organs
to a person under the age of twelve (12) years.
(2) Indecent exposure to a person the age of twelve (12) years and under is a Class D felony.
Courtesy of a nudistworld member who did a ton of research for one of our members in Arkansas.
after reading this earler today, I ask my Husband who is friends with a local cop. he realy didnt know the answer so he ask his dispatch, this is tyhe answer we got for High Point NC. if you are cought driving nude. You will go to jail, the judge will make the ruling as to if you will be labled a sex offender or not. But the chances are pretty good you will about 75% if you are a man about 50/50 if you are a woman.
The main reason why the laws are as strict and stringent as they are about nudity is because those laws were written by people in political office who unfortunately have the false conception that for some reason even they can't understand that somehow nudity of ANY kind or form had to have a direct and inseparable corealation with sex, and Congress bought that theory so as to make the actual laws that dictates that anyone caught in their birthday suit for whatever reason, would be charged and tried in court and the judge will likely go along with State prosecution to place the defendant on the National Sex Offender Registry.But you see, folks, it's that false conception that too many folks in today's mixed-up society have and that mainly comes from an improper education on the subject and that faulty education comes from religion, schools and even parents who lack the truth that natural nudity has no direct correlation with sex or any act of sex.Heck, when we all were born we came into this world completely nude so does that mean that some law has to be passed through Congress that dictates we all will be tried for indecent exposure the very second we emerge from the womb? I'm afraid that if lawmakers could have their way we would because lawmakers and prosecuters want to find every justification for indicting and convicting as many people as possible, get them into the legal system to the degree that those sucked into the system will have to pay into the Government under those legal conditions and there's no way out. They keep the defendant in, even long after any sentence has been served because the Sex Offender lable is for at least 20 years from the date of completition of sentence and in most cases the lable is for life. Even in instances where there was no sex or act of sex involved nor implied.This is wrong but we are unfortunately at the mercy of sick law enforcement agencies who have the false conception that nudity had to be correlated directly with sex when we know it is not. There is no direct correlation.
That may well be true, but I tend to ascribe to the view that lawmakers tend to be more lazy and incompetent than malicious. I suspect that the laws are written the way they are because the law likes to deal in absolutes rather than dealing with subtlety. So it's easier to make nudity illegal because that's easily defined and you don't need to try to understand the motivation or intentions of the naked person. Sadly a significant proportion of the people who get naked or semi naked in public are doing it for sexual purposes and are not nudists. Since the law finds it difficult to distinguish these groups and the latter are a genuine threat to the public the simplest course of action is followed.
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