[Search for users] [Overall Top Noters] [List of all Conferences] [Download this site]

Conference moira::naturism

Title:Naturism
Notice:Site report index is in topic 7
Moderator:GENRAL::KILGORE
Created:Tue Jan 26 1988
Last Modified:Thu May 08 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:457
Total number of notes:3687

153.0. "laws regarding backyard nudity" by RETORT::GOODRICH (Taking a long vacation) Thu Mar 30 1989 03:31

    Does anyone know the laws in Mass regarding being nude in your
    own backyard?

    I have a backyard that is almost completely bordered by dense
    natural growth. A few planting will make it totally impossible to
    see from off my property without the use of ladders. However,
    since there is no fence someone could walk onto my property
    without my advance knowledge.

    What if someone does? What if a child does? Am I at serious
    risk? Any hard info out there?

    -gerry
T.RTitleUserPersonal
Name
DateLines
153.1NEXUS::MORGANAll Hail Informatia!Thu Mar 30 1989 14:203
    Reply to .0
    
    Check your city and county ordanances...
153.2The laws are vagueMOIRA::FAIMANlight upon the figured leafFri Mar 31 1989 19:1966
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
153.3do it yourself home nudest resortUSWAV1::REIDMon Oct 23 1989 00:0116
153.4WFOV12::STEPHENSON_EWed Nov 22 1989 15:3518
    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.