| The advice in .1 is good as far as it goes, but unfortunately, you'll probably
find that the actual laws are pretty vague.
The first thing to do is to call your local police department and ask if there
is any sort of town ordinance about nudity. (Don't worry, they probably won't
ask for your name. :-) The odds are overwhelming that there won't be.
Next, you want to get to the local library and find the Massachussetts state
statutes. Try looking in the index under "nudity", "indecent exposure", and
"indecency". I will predict that Massachussetts is like New Hampshire, and
does not have any laws about nudity per se (the only state that I know of
with an anti-nudity law is New York), but does have an indecent exposure law,
like the New Hampshire one posted in 109.1. (If you do look up the law, you
might post its text for the rest of us in a reply to topic 109.)
Ok, let's suppose that Mass does have an "indecent exposure" law like New
Hampshire's. What does it mean?
(First, remember that I am not a lawyer, and my advice is worth just
about what you're paying for it. If you want a reliable answer, go
find a lawyer and pay him for half an hour of his time. But with
that disclaimer out of the way...)
The essence of indecent exposure is that you have exposed your genitals
or "performed any other act of gross lewdness" under circumstances which
you "should know will likely cause affront or alarm." Vague enough for
you?
Some aspects of this:
The law is really concerned with "exhibitionism" -- deliberately
exposing yourself to others. It has nothing to do with truly private
nudity. Nudity which is intended to be private, but which could be
or is encountered by others, comes in a gray area -- it probably
doesn't fall under the intent of the law, but that doesn't mean
that you couldn't have problems if someone is offended by it. (See
note 132, for example.)
Being on private property in itself is irrelevant, except to the extent
that it gives you a reasonable expectation that no one will happen on
you unawares. For example, if your property is posted against
trespassing, then you know that nobody ought to be wandering through
your back yard, so you're pretty safe. (In theory, "warning - nude
sunbathers" signs might accomplish the same thing, if you regard
"no trespassing" signs as offensive, but I don't know if they've ever
been tested.)
On the other hand, if you know that there is a reasonable likelihood
of neighborhood children wandering through your yard, then you'd
probably better give up or build a fence.
To try to summarize: nudity itself isn't indecent exposure. The question is
one of "recklessness" -- should you have known that someone was likely to be
offended by your nudity? This depends on a whole bunch of factors; but if
someone, in a place where he has a right to be, sees your nudity and is offended
by it, then there is at least a prima facie case that perhaps you should have
known better.
Of course, if they neighbours wander into your yard and see you, they can
always decide to stay out of your yard; or they can tell you that they
disapprove; or even if they call the police, the police will probably just
warn you that the neighbours have complained.
Sorry, no easy answers.
-Neil
|
| The laws pertinent to 'indecent exposure' are vague. For instance:
'a woman can not be indecently exposed by virtue of the fact that
'indecent exposure' consitutes exposure of the genitelia and again,
by virtue of the fact that a women, in order to expose same, must
do some really unusual positisions that are extremely, shall we
say, 'out of the norm'. On the other hand, a women was arrested
for indecent exposure and contributing to the deliquincy of a minor
because she paraded around her apartment, nude, with the shades
open. I can just see ir nor: "I had to adjust my binoculars for
a half hour but, sure enough, the young lady is nekkid!" (police
report).
If you were to notify the local constabulary that you were going
to be sun bathing or if a report similar to the afore mentioned
was called in, you would have every cop in Whereeverville in your
yard.
What the hell! They have to have something to motivate them I guess.
|