Can A Student Practice Naturism on a Private College Campus?

[Sanslines]

Dear Uncle Ezra,

I'm what you call a "naturist." Most people confuse us with "nudists," in the sense that we enjoy being nude... but nudists prefer it as a constant lifestyle, whereas naturists like to choose when and where they can go without clothing. Most "nude" beaches are actually "clothing optional" beaches, in keeping with that philosophy.
The other day, a friend of mine said that Ithaca and New York State both had open container laws (this is a related topic, honest), but since Cornell University is private property, and Cornell doesn't have any rule against open alcohol containers, you can't be arrested on the campus for an open alcohol container, if that's your only offense (i.e., if you're over 21 anyway).
New York State's laws prohibit public nudity with the intent to offend, as do the laws of most states; the phrase "with the intent to offend" is what allows for naturism and Clothing Optional beaches and parks, since naturists have no such intent.
Here's the question: Since Cornell University is private property, and New York State's indecent exposure laws don't apply to private property (last time I checked, anyway) - i.e., you can sunbathe in the nude in your backyard - how do they apply to Cornell's campus?
In other words, if I wanted to sunbathe in the nude on the Plantations (Cornell Property), as long as I wasn't doing so just to offend someone, could Public Safey (Safety) arrest me?

Signed -- Looking for a loophole


Dear Looking for a Loophole,
As pleasurable as sunbathing nude at the Plantations sounds, I'm afraid this is not the loophole you're looking for. According to the Public Safety officer I asked, whether you intend to offend has nothing to do with law; just taking off your clothes is enough. She cited Section 245.00 -- "Public Lewdness" -- under "Offenses Against Public Sensibility" in New York State Penal Law, which reads:


"A person is guilty of public lewdness when he" (or she) "intentionally exposes the private parts of his body in a lewd manner or commits any other lewd act circumstances in which he may readily be observed from either a public place or other private premises, and with intent that he be so observed."
Note the wording "intentionally exposes" rather than "intends to offend". The officer further points out that the Planations is considered a public place because anyone can go there, even though it's privately owned. In legal terms, "private" would mean your own house, dorm room, or secluded yard.
To be more direct: yes, if you sunbathe nude on Cornell property and a Public Safety officer strolls by, you'll get arrested. Public lewdness is a Class B misdemeanor: worse than a violation, such as a speeding ticket; but less than a felony, like murder. You'd be faced with a bigger fine and/or longer jail sentence than you probably want to deal with at the moment.
By the way, the state public lewdness law does not apply to nursing mothers or to anyone performing in a play or other entertainment, although a city can add further restrictions beyond those laid down by state law. Also, the NYS public lewdness law may be headed for change: a Rochester, NY, judge recently ruled that a group of women who went without tops in a public place were NOT acting against the law.


Public Safety also confirms that your friend's comment is basically correct, although the person I spoke to was only aware of a city ordinance (not a state law) against open alcohol containers. Uncle Ezra

Source: Ask Uncle Ezra

[nudeM]

I would check, and recheck the campus rules and regulations first, before pursuing your sunbathing. I would also check the laws in the area i.e., local laws. This should help to remove any doubts and/or questions you may already have. Let us know how things turn out.:smoking:

[Sanslines]

Sorry, but I can not take credit for authoring the above question. I found it and posted it as it does bring up an interesting point about nude sunbathing on private property.


Further to the laws of public lewdness:

New York State Assembly and Senate Pass Paulin Public Lewdness Legislation

June 18, 2004

Assemblywoman Amy Paulin (D - Scarsdale) announced today that the New York State Assembly and Senate passed legislation she authored (A9855, S6649) to increase the probation period for the crime of public lewdness to up to three years. Classified under article 245 of the penal law as "offences against public sensibilities," public lewdness crimes include among others flashing and masturbating in public. Currently, public lewdness is classified as a B misdemeanor with a probation period that is limited to one year.

"This legislation gives judges the discretion to sentence from one to up to three years of probation for this disturbing crime," said Assemblywoman Amy Paulin. "Requiring an extended period of probation is the best way to ensure that specialized mental health treatment, usually recommended during probation, will be successful in stemming repeat offences and preventing more serious crimes in the future."

A significant number of sex offenders admit to having committed acts of public lewdness early in their lives. The goal of treatment is to reduce recidivism, thereby lowering the risk that the offender will victimize additional innocent people.

The Westchester County Protect the Kids Committee and the Westchester Task Force on Child Abuse and Neglect, based on the experience of probation officers and treatment experts, strongly supports this legislation.

"We thank Assemblywoman Paulin for her sponsorship of this important legislation," said Westchester County Executive Andy Spano. "This was a key recommendation of the Protect the Kids Committee and a priority in the county's State Legislative Program this year. Because public lewdness is often the first step toward more serious offenses, we believe this change will allow for greater oversight of those who may be emerging sex offenders. Again, we thank Assemblywoman Paulin, as well as, the entire Assembly and Senate, for doing what is in the best interest of our children."

"The Protect the Kids Committee was pleased to work with Assemblywoman Paulin on this legislation, which will help probation officials and judges better protect kids from sex offenders," said Rocco Pozzi, Westchester County Probation Commissioner and Co-Chair of the County's Protect the Kids Committee.

"The Westchester Task Force on Child Abuse and Neglect is delighted with Assemblywoman Paulin’s spearheading legislation in response to our request to strengthen laws that address public lewdness," said Dr. Barbara Bernstein, Co-Chair of Westchester Task Force on Child Abuse and Neglect. "Task Force members recommended an extended period of probation to allow for a longer course of specialized out patient treatment, which is as an important tool for treating the individual as well as for reducing the number of new victims."

It still appears tha nudity is viewed from a legal perspective as some sort of perversion or sex related crime and will continue to be treated as such.

Additionally:


http://www.nac.oshkosh.net/StatesFrames/flags/new_york.gifNEW YORK New York Penal Law
§ 245.00 Public lewdness.A person is guilty of public lewdness when he intentionally exposes the private or intimate parts of his body in a lewd manner or commits any other lewd act (a) in a public place, or (b) in private premises under circumstances in which he may readily be observed from either a public place or from other private premises, and with intent that he be so observed.
Public lewdness is a class B misdemeanor.
§ 245.01 Exposure of a person.A person is guilty of exposure if he appears in a public place in such a manner that the private or intimate parts of his body are unclothed or exposed. For purposes of this section, the private or intimate parts of a female person shall include that portion of the breast which is below the top of the areola. This section shall not apply to the breastfeeding of infants or to any person entertaining or performing in a play, exhibition, show or entertainment.

Exposure of a person is a violation.

Nothing in this section shall prevent the adoption by a city, town or village of a local law prohibiting exposure of a person as herein defined in a public place, at any time, whether or not such person is entertaining or performing in a play, exhibition, show or entertainment.

[NAC NOTE: People v. Santorelli (http://www.naturisteducation.org/Toni_Egbert_Library/State_Supreme_Courts/NY_v_Santorelli/ny_v_santorelli.html) restricts the applicability of § 245.01. The Court of Appeals of New York ruled in 1992 that exposure of a bare female breast violates this law only when it takes place in a commercial context. As a practical matter, proper enforcement of this section can be a problem, since local enforcement agents are often unfamiliar with the case law that interprets the statutory language.]
§ 245.02 Promoting the exposure of a person. A person is guilty of promoting the exposure of a person when he know- ingly conducts, maintains, owns, manages, operates or furnishes any public premise or place where a person in a public place appears in such a manner that the private or intimate parts of his body are unclothed or exposed. For purposes of this section, the private or intimate parts of a female person shall include that portion of the breast which is below the top of the areola. This section shall not apply to the breastfeeding of infants or to any person entertaining or performing in a play, exhi- bition, show or entertainment.
Promoting the exposure of a person is a violation.
Nothing in this section shall prevent the adoption by a city, town or village of a local law prohibiting the exposure of a person substantial- ly as herein defined in a public place, at any time, whether or not such person is entertaining or performing in a play, exhibition, show or entertainment.
§ 245.10 Public display of offensive sexual material; definitions of terms. The following definitions are applicable to section 245.11:

1. "Nudity" means the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.
2. "Sexual conduct" means an act of masturbation, homosexuality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person be a female, breast.
3. "Sado-masochistic abuse" means flagellation or torture by or upon a person clad in undergarments, a mask or bizzare costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.
4. "Transportation facility" means any conveyance, premises or place used for or in connection with public passenger transportation, whether by air, railroad, motor vehicle or any other method. It includes aircraft, watercraft, railroad cars, buses, and air, boat, railroad and bus terminals and stations and all appurtenances thereto.
§ 245.11 Public display of offensive sexual material. A person is guilty of public display of offensive sexual material when, with knowledge of its character and content, he displays or permits to be displayed in or on any window, showcase, newsstand, display rack, wall, door, billboard, display board, viewing screen, moving picture screen, marquee or similar place, in such manner that the display is easily visible from or in any: public street, sidewalk or thoroughfare; transportation facility; or any place accessible to members of the public without fee or other limit or condition of admission such as a minimum age requirement and including but not limited to schools, places of amusement, parks and playgrounds but excluding rooms or apartments designed for actual residence; any pictorial, three-dimensional or other visual representation of a person or a portion of the human body that predominantly appeals to prurient interest in sex, and that:

(a) depicts nudity, or actual or simulated sexual conduct or sado-masochistic abuse; or
(b) depicts or appears to depict nudity, or actual or simulated sexual conduct or sado-masochistic abuse, with the area of the male or female subject's unclothed or apparently unclothed genitals, pubic area or buttocks, or of the female subject's unclothed or apparently unclothed breast, obscured by a covering or mark placed or printed on or in front of the material displayed, or obscured or altered in any other manner.
Public display of offensive sexual material is a Class A misdemeanor.

More confusion about what exactly is public 'lewdness'

Source: (officer archives)

11-23-2006, 11:09 PM
Hello all I have a question for you NY state officers regarding "Public Lewdness".

S 245.00 Public lewdness.
A person is guilty of public lewdness when he intentionally exposes
the private or intimate parts of his body in a lewd manner or commits
any other lewd act (a) in a public place, or (b) in private premises
under circumstances in which he may readily be observed from either a
public place or from other private premises, and with intent that he be
so observed.
Public lewdness is a class B misdemeanor.

I am confused reading this, it is obvious the first part of this law that one is guilty when he intentionally exposes the private of intimate parts of his body in a lewd manner. My question the 2nd part where it says " or commits any other lewd act". Does one have to be exposing themselves doing the lewd act to be guilty? or just doing the lewd act in public even while clothed apply?(ex. groping at a bar)

<HR>Dinosaur32
11-24-2006, 09:55 AM

Groping at a bar is not a lewd act. Depending upon the circumstances of the grope it wall fall under either PL Sect. 130.52 Forcible Touching or Sect. 130.55 Sexual Abuse in the Third Degree.

Lewd act is harder to define and, beyond the stated private parts exposure, is subject to society's changing mores. In the 50's, Elvis Presley's onstage gyrations were considered by some to be a lewd act. Today they would be considered tame. That section of the law is rarely applied, at least here in NYC.


<HR>SlowDownThere
11-24-2006, 01:48 PM

A man masturbating in front of his living room window, so that everyone can see, is commiting public lewdness, even though he may be in his own home when he does it.

Does that answer your question?


<HR>jimmy17
11-24-2006, 05:28 PM

So there has to be intent for you to be watched. No say you and you wife are in your backyard and expose yourselves to each other without intent for anyone else to see. Is that considered a public place?


<HR>fair witness
11-24-2006, 10:01 PM

in November, you're asking this? LMAO.


<HR>Dinosaur32
11-25-2006, 12:17 AM

The intent is not that you will be seen...it is to intentionally expose yourself.


<HR>SMPPD87
11-26-2006, 04:28 PM

the exposure has to be intentional. it must be either a) in a public place whether or not someone sees the person. b) in a private place, intentionally where others would be likely to see the person but the intent must be that people see them.

so in a private place the exposure must be intentional and the person must do it intending for others to observe the act.

i hope that made sense.

[Nude in the North]

Most of the laws concerning nudity, are written that way.
We would like to think using words like ,"in a lewd manner",or "with intent that", gives us permission to be nude as long as we don't intend to offend anyone, or act out in a lewd way.
Unfortunatly, the police don't do so much research on the subject before they arrest you.
They get a complaint, Make an arrest, and you go to jail, then court.

To many people phrazes like, ""A person is guilty of public lewdness when he" (or she) "intentionally exposes the private parts" is as far as they read. This partial sentence appears to mean that simply being nude "exposed" is already a lewd act by itself.

I too would like to think people could be nude anywhere as long as they don't commit any lewd acts, or intend to cause afront, or alarm, to anyone.

But the catch is that anyone can complain, (and someone will) and just the fact that someone complained makes it "a lewd act that caused affront, and alarm" in most judges eyes.

[Sanslines]

To expand upon this topic nationally, here are the laws on a state by state basis concerning Indecent Exposure and Public Lewdness:

Source: nudist-resorts.org

<TABLE cellSpacing=0 cellPadding=15 width="100%" align=center bgColor=antiquewhite border=0><TBODY><TR><TD width="96%">Indecent Exposure and Public Lewdness Statutes
Learn what the laws are in your area concerning nudity and indecent exposure.


</TD><TD bgColor=#fdd9bd rowSpan=2> </TD></TR><TR><TD bgColor=#f8e4c9> </TD><TD width="96%"><TABLE borderColor=#fdd9bd cellSpacing=0 cellPadding=0 border=2><TBODY><TR><TD bgColor=#f8e4c9>State & Statute Section
</TD><TD bgColor=#f8e4c9>Description
</TD><TD bgColor=#f8e4c9>Max Sentence
</TD><TD bgColor=#f8e4c9>Comments
</TD></TR><TR><TD bgColor=#fdf7e8>Alabama
13A-6-68
(Indecent Exposure)
</TD><TD bgColor=#fdf7e8>Intent to arouse or gratify desire of himself or another; exposes genitals under circumstances likely to cause affront or alarm.
</TD><TD bgColor=#fdf7e8>1 Yr, $2000
</TD><TD bgColor=#fdf7e8></TD></TR><TR><TD bgColor=#fdf7e8>Alabama
13A-12-130
(Public Lewdness)
</TD><TD bgColor=#fdf7e8>Exposure of anus or genitals in public place & reckless about with or near another who is offended or alarmed or in place likely to be observed by others who are alarmed or affronted.
</TD><TD bgColor=#fdf7e8>3 Mos, $500
</TD><TD bgColor=#fdf7e8></TD></TR><TR><TD>California
State Law
314-318.6
</TD><TD>CALIFORNIA CODES SECTION 314-318.6 (as of 6/2000): Every person who willfully and lewdly, either: 1. Exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or, 2. Procures, counsels, or assists any person so to expose himself or take part in any model artist exhibition, or to make any other exhibition of himself to public view, or the view of any number of persons, such as is offensive to decency, or is adapted to excite to or thoughts or acts, is guilty of a misdemeanor.
</TD><TD>Upon the second and each subsequent conviction under subdivision 1 of this section, or upon a first conviction under subdivision 1 of this section after a previous conviction under Section 288, every person so convicted is guilty of a felony, and is punishable by imprisonment in state prison.
</TD><TD>A 1972 California court case set the precedent that simple beach nudity is not indecent exposure. However, different localities have their own laws (notably Santa Barbara and Los Angeles Counties) and beach nudity will net you a citation and a fine with no questions asked.
</TD></TR><TR><TD bgColor=#fdf7e8>California
State Parks
Title 14 Section 4322 of the California Administrative Code
</TD><TD bgColor=#fdf7e8>No person shall appear nude while in any unit except in authorized areas set aside for that purpose by the Department. The word nude as used herein means unclothed or in such a state of undress as to expose any part of portion of the pubic or anal region or genitalia of any person or any portion of the breast at or below the areola thereof of any female person. </TD><TD bgColor=#fdf7e8>All sections are misdemeanors which carry a maximum punishment of 90 days in jail and/or $1,000 fine.
</TD><TD bgColor=#fdf7e8>While this regulation allows for setting aside specific clothing optional areas, the parks department hasn't taken advantage of the provision. However, the State Park rangers operate under a policy known as the "Cahill" policy, named after a former Parks Director: "it shall be the policy of the Department that enforcement of nude sunbathing regulations within the State Park System shall be made only upon the complaint of a private citizen. Citations or arrests shall be made only after attempts are made to elicit voluntary compliance with the regulations." Since the people most likely to make a complaint are also the least likely to make an effort to get to a remote part of a state beach, those areas have become clothing optional. If you stay in those areas, you are unlikely to be bothered. However, if a ranger appears and asks you to put your clothes on, comply and stay clothed for the rest of the day to avoid a citation.
</TD></TR><TR><TD>Colorado
9.4.103
(Public Indecency)
Ordinance of the City of Colorado Springs
</TD><TD>It is unlawful for any person to knowingly perform any of the following acts in a public place or a place within public view: ...B. A Lewd Act: For the purposes of this section, any of the following constitute a lewd act: 1. Exposure of the breasts of the female or the pubic hair, anus, vulva, genitals or buttocks of either sex, done with intent to arouse or to satisfy the sexual desire of either the person committing the act or any other person.
2. Exposure of the breasts of the female or the pubic hair, anus, vulva, genitals or buttocks of either sex, under circumstances in which the conduct is reasonably likely to cause affront or alarm to another person [ed. note: this paragraph is now deleted]. C. An act involving public nudity. For the purposes of this section, the term "public nudity" shall mean knowingly appearing in any public place in a nude state or state of undress such that the genitals or buttocks of either sex or the breast or breasts of a female are exposed. Exposure of the female breast or breasts for purposes of breastfeeding shall not be a violation of this section.</TD><TD> </TD><TD>ORDINANCE NO. 02-213
AN ORDINANCE AMENDING SECTION 103 (PUBLIC INDECENCY) OF PART ARTICLE 4 (OFFENSES AGAINST MORALS AND DECENCY) OF CHAPTER 9 (PUBLIC OFFENSES) OF THE CODE OF THE CITY OF COLORADO SPRINGS 2001, AS AMENDED, RELATING TO PUBLIC INDECENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLORADO SPRINGS:
Section 1. That Section 103 (Public Indecency) of Article 4 (Offenses Against Morals and Decency) of Chapter 9 (Public Offenses) of the Code of the City of Colorado Springs 2001, as amended, is hereby amended by deleting paragraph 2 of Subsection B (A Lewd Act) and including a new Subsection C.
</TD></TR><TR><TD>Connecticut
53a-186
(Public Indecency)
</TD><TD>Lewd exposure of "the body with intent to arouse or satisfy the sexual desire of the person."
</TD><TD>6 Mos, $1000
</TD><TD></TD></TR><TR><TD bgColor=#fdf7e8>Delaware
11 Sec 764
2d degree
</TD><TD bgColor=#fdf7e8>By a male for exposure of genitals or buttocks and by a female for exposure of genitals, buttocks or breast when likely to cause affront or alarm.</TD><TD bgColor=#fdf7e8>30 days, $575
</TD><TD bgColor=#fdf7e8> </TD></TR><TR><TD bgColor=#fdf7e8>Delaware
11 Sec 765
1st degree
</TD><TD bgColor=#fdf7e8>If exposure above to person less than 16 years old and which conduct likely to cause affront or alarm.</TD><TD bgColor=#fdf7e8>1 Yr, $2300
</TD><TD bgColor=#fdf7e8> </TD></TR><TR><TD>District of Columbia
22-1112
(Lewd, Indecent or Obscene Acts)
</TD><TD>Any obscene or indecent exposure of his or her person.</TD><TD>90 days, $300
</TD><TD>Nudity is not per se, "obscene." Hearan v. D.C., App.D.C. 178 A.2d 434 (1962).
See also Duvallon v. D.C., App. D.C. 515 A.2d 434 (1986). </TD></TR><TR><TD bgColor=#fdf7e8>Georgia
16-6-8
(Public Indecency)
</TD><TD bgColor=#fdf7e8>In public place:
(1) act of sexual intercourse;
(2) lewd exposure of sexual organs;
(3) lewd appearance in a state of partial or complete nudity or;
(4) lewd caress or indecent fondling of body of another.</TD><TD bgColor=#fdf7e8>12 Mos, $1000 On 3rd offense of (2), (3) or (4) no less than 1 yr or more than 5 yrs

</TD><TD bgColor=#fdf7e8>Attorney General Opinion, Feb 12, 1951. addressed to Mr. Norval E. Packwood indicates that "practice of nudism per se as advocated by your association"... "prohibited by law in Georgia".</TD></TR><TR><TD>Louisiana
14:106
</TD><TD>Exposure of the genitals, pubic hair, anus, vulva, or female breasts or nipples in any public place with the intent of arousing sexual desire or which appeals to prurient interest or is patently offensive. </TD><TD>1st Off: 3 yrs, $2500
2d Off: 3 yrs, $5000
3d Off: 5 yrs, $10000
Prison mandatory w/no probation or parole on 2d or 3d Off. Violation in presence of unmarried person below age of 17 punishment as 3d Off.

</TD><TD></TD></TR><TR><TD bgColor=#f8e4c9>State & Statute Section
</TD><TD bgColor=#f8e4c9>Description
</TD><TD bgColor=#f8e4c9>Max Sentence
</TD><TD bgColor=#f8e4c9>Comments
</TD></TR><TR><TD bgColor=#fdf7e8>Maine
17-A Sec 854
(Public Indecency)
</TD><TD bgColor=#fdf7e8>1.A. "In a public place... (2) The actor knowingly exposes the actor's genitals under circumstances which, in fact, are likely to cause affront or alarm;
B. "In a private place, the actor exposes the actor's genitals with the intention that the actor be seen from a public place or from another private place."</TD><TD bgColor=#fdf7e8>6 Mos, $500

</TD><TD bgColor=#fdf7e8></TD></TR><TR><TD>Maryland
(Common Law Indecent Exposure)
</TD><TD>General intent, including reckless and negligent conduct.</TD><TD>3 yrs, $1000

</TD><TD>Not an "infamous crime" nor one of "moral turpitude".</TD></TR><TR><TD bgColor=#fdf7e8>Massachusetts
272 Sec. 53
</TD><TD bgColor=#fdf7e8>Common Law </TD><TD bgColor=#fdf7e8>6 Mos, $200

</TD><TD bgColor=#fdf7e8>May require an intentional lewd act. See Comm v. Bishop, 296 Mass. 459, 6 N.E. 2d 369 (1937)</TD></TR><TR><TD>Mississippi
97-29-31
97-35-11
</TD><TD>Will and lewd exposure of the personal or private parts in public place or where others are present or procuring another to expose himself. </TD><TD>6 Mos, $500

</TD><TD>Pendergrass v. State, 193 So.2d 126 (), held woman sunbathing nude on wooded tract not visible from public road & who began to clothe herself when uninvited visitors came, not willful and lewd.</TD></TR><TR><TD bgColor=#fdf7e8>Montana
45-5-504
(Indecent exposure)
</TD><TD bgColor=#fdf7e8>A person commits the
offense of indecent exposure if the person knowingly or purposely
exposes the person's genitals under circumstances in which the person
knows the conduct is likely to cause affront or alarm in order to:
(a) abuse, humiliate, harass, or degrade another; or
(b) arouse or gratify the person's own sexual response or
desire or the sexual response or desire of any person.</TD><TD bgColor=#fdf7e8>1st offense: $500 AND up to 6 months in jail
2nd offense: $1,000 AND up to 1 year in jail
3rd offense: $10,000 AND no less than 5 years, nor more than 100 years in the state prison

</TD><TD bgColor=#fdf7e8> </TD></TR><TR><TD>New Jersey
2C:14-4
(Lewdness)
</TD><TD>Disorderly persons offense if a flagrantly lewd and offensive act likely to be observed by other nonconsenting persons who would be alarmed or affronted.
Crime of 4th degree if:
(1) Exposure of intimate parts to arouse or gratify sexual desire of defendant or another where expects to be observed by child less than 13 yrs.
(2) Same as above, but observed by persons suffering mental disease or defect.
Lewd act defined: "include the exposing of the genitals for purpose of arousing or gratifying the sexual desire of the actor or of any other person."</TD><TD>Disorderly persons offense $1000
4th Degree $7500 and/or not more than 18 Mos.


</TD><TD></TD></TR><TR bgColor=#fdf7e8><TD>New Hampshire
645:1
(Indecent Exposure and Lewdness)
</TD><TD>Exposure of genitals or performance of any other act of gross lewdness under circumstances where one should know likely to cause affront or alarm.</TD><TD>$1200
</TD><TD></TD></TR><TR><TD bgColor=#f8e4c9>State & Statute Section
</TD><TD bgColor=#f8e4c9>Description
</TD><TD bgColor=#f8e4c9>Max Sentence
</TD><TD bgColor=#f8e4c9>Comments
</TD></TR><TR><TD bgColor=#fdf7e8>New York
245.00
(Public Lewdness)
</TD><TD bgColor=#fdf7e8>Exposure of private or intimate parts in a lewd manner.</TD><TD bgColor=#fdf7e8>3 Mos, $500

</TD><TD bgColor=#fdf7e8>Sec. 245.00 has been held hot to prohibit mere nudity. People v. Ventrice, 96 Misc. 2d 282, 408 N.Y.S.2d 990 (1978); People v. Hardey, 77 Misc. 2d 1092, 357 N.Y.S.2d 970 (1974). People v. Gilbert, 72 Misc. 2d 75, 338 N.Y.S.2d 457.</TD></TR><TR><TD bgColor=#fdf7e8>New York
245.01
(Exposure of a person)

</TD><TD bgColor=#fdf7e8>Appearance in a public place with private or intimate parts unclothed or exposed. "For purposes of this section, the private or intimate parts of a female person shall include that portion of the breast which is below the top of the areola. This section shall not apply to the breastfeeding of infants or to any person entertaining or performing in a play, exhibition, show or entertainment."</TD><TD bgColor=#fdf7e8>15 days, $250

</TD><TD bgColor=#fdf7e8>There remains a question of whether or not that portion of Sec. 245.01 prescribing exposure of the female breast (and not the male) is unconstitutional discrimination because of gender. </TD></TR><TR><TD>North Carolina
14-190.9
</TD><TD>Willful exposure of private parts in public place and in presence of others of opposite sex or aiding, abetting or procuring another to do so.
Breastfeeding of infant exempted.
</TD><TD>6 Mos, $500

</TD><TD>No requirement that exposure be "obscene" or "indecent" - simple act of exposing one's private parts is sufficient and there is no requirement that viewers be unwilling.
State v. King, 285 N.C. 305, 204 S.E.2d 667 (1967).</TD></TR><TR><TD bgColor=#fdf7e8>Pennsylvania
18 Sec 3127
</TD><TD bgColor=#fdf7e8>Exposure of genitals for purpose of arousing or gratifying sexual desire of himself or another or exposure of genitals where one knows is likely to cause affront or alarm.</TD><TD bgColor=#fdf7e8>2 yrs, $5000

</TD><TD bgColor=#fdf7e8></TD></TR><TR><TD>Rhode Island
11-45-1
(Disorderly Conduct)
</TD><TD>Exposure of genitals under circumstances likely to cause affront, distress or alarm to others.
</TD><TD>6 Mos, $500

</TD><TD></TD></TR><TR><TD bgColor=#fdf7e8>South Carolina
16-15-130
</TD><TD bgColor=#fdf7e8>Willful, malicious and indecent exposure of person in public place, on property of others, or to view of person on street or highway.</TD><TD bgColor=#fdf7e8>3 yrs, fine in discretion of court

</TD><TD bgColor=#fdf7e8></TD></TR><TR><TD bgColor=#f8e4c9>State & Statute Section
</TD><TD bgColor=#f8e4c9>Description
</TD><TD bgColor=#f8e4c9>Max Sentence
</TD><TD bgColor=#f8e4c9>Comments
</TD></TR><TR><TD bgColor=#fdf7e8>Tennessee
Pub Ch 542
(39-13-511 ?)
</TD><TD bgColor=#fdf7e8>Knowingly appears in a public place in a state of nudity.</TD><TD bgColor=#fdf7e8>$500
3d Off. 11 Mos 29 days, $1500


</TD><TD bgColor=#fdf7e8>Specific exemption "Public place does not include a private facility which has been formed as a family-oriented clothing optional facility, properly licensed by the state."
It should also be noted that purpose of act as stated in bill is to prevent commercial use of nudity. Arguably an argument like the N.Y. "Exposure of a person" cases might be applicable. </TD></TR><TR><TD>Vermont
T.13 Sec. 2601
(Lewd and Lascivious Conduct)
</TD><TD>Statute prohibits "open and gross lewdness and lascivious behavior". Annotations do not indicate whether or not specific intent is required. </TD><TD>5 yrs and/or $300

</TD><TD></TD></TR><TR><TD bgColor=#fdf7e8>Virginia
18-2-387

</TD><TD bgColor=#fdf7e8>Intentional obscene display or exposure of person or private parts in public place or any place where others are present.</TD><TD bgColor=#fdf7e8>12 Mos, $1000

</TD><TD bgColor=#fdf7e8>Exemption for breastfeeding.</TD></TR><TR><TD bgColor=#fdf7e8>Virginia
18-2-370

</TD><TD bgColor=#fdf7e8>With lascivious intent, knowing and intentional exposure of sexual or genital parts to child under 14 (unless legally married to child) or proposes that child exposes his or her sexual or genital parts. </TD><TD bgColor=#fdf7e8>Class 6 Felony 5 yrs or 1 yr and fine of not more than $1000

</TD><TD bgColor=#fdf7e8></TD></TR><TR><TD>West Virginia
61-8-9
(Indecent Exposure)
</TD><TD>Intentional exposure of sex organs, the anus of the actor or causes such exposure by another under circumstances where the actor knows that conduct is likely to cause affront or alarm.</TD><TD>90 days, $250

</TD><TD></TD></TR></TBODY></TABLE>
</TD></TR></TBODY></TABLE>

[Sanslines]

Most of the laws concerning nudity, are written that way.
We would like to think using words like ,"in a lewd manner",or "with intent that", gives us permission to be nude as long as we don't intend to offend anyone, or act out in a lewd way.
Unfortunatly, the police don't do so much research on the subject before they arrest you.
They get a complaint, Make an arrest, and you go to jail, then court.

To many people phrazes like, ""A person is guilty of public lewdness when he" (or she) "intentionally exposes the private parts" is as far as they read. This partial sentence appears to mean that simply being nude "exposed" is already a lewd act by itself.

I too would like to think people could be nude anywhere as long as they don't commit any lewd acts, or intend to cause afront, or alarm, to anyone.

But the catch is that anyone can complain, (and someone will) and just the fact that someone complained makes it "a lewd act that caused affront, and alarm" in most judges eyes.

The question is "what exactly is a lewd act"? Since there appears to be no laws which establish or protect simple nude sunbathing, it can (and many times is) determined that merely being nude is, in and of itself, a lewd act. The laws are too vague and do not distinguish between nudity and harmful intent.

The laws also bring up another point in that merely displaying a nude work of art in a window that is viewable to the general public is illegal. Again, the laws do not clearly distinguish between art versus pornography and I believe that they are all written this way so that a judge has freedom to decide on a case by case basis.

[walter05]

Being dressed in anything with a Florida Gator on it is obviously meant to offend.

This must be why Florida is not in the list.

[justapup]

Throughout history the law has failed the citizen when it has become so specific that it represents the few rather than the many. Here we have the classic example. Nudists, naturalists, etc. have no intention 'to offend' (a strictly puritanical reference that is intended to be interpreted narrowly in our society). Our basic crime is that we see the world as too constricting in some ways and that it is not a crime to remove some of that constriction. Raised in Europe and having had most of my experience there, I don't understand the American thought on this. The body is the body, odors are odors (yes summer makes them worse, but that's just as they are), hair is not offensive and nudity is not dirty. Unfortunately if you do not wish to have a record as a sex offender that will haunt you for life, you will have to give way in this area and only take up your way of life in the arena where it is allowed. Fortunately it is spreading in acceptance in this country.

[nakeduni]

Unless you have deep pockets and a good lawyer, forget it. Don't ruin your young life.

[meredith2kp4]

If you were arrested it would be for "Exposure of a Person," a misdemeanor, not for lewdness. I think it would be much more likely that you would be warned and asked to cover up. You would not be guilty of a sex offense. There are traditional nude sites near Ithaca used by Cornell students. One of these is Potter's Falls, which, I believe, is on state land.

[inthewind]

Potters Falls is actually located on City of Ithaca property. It is a wonderful area with large sunning rocks and a nice swimming area and sees plenty of nude use by students as well as others. There are Gorge Rangers that patrol the area on foot and will ask you to cover your bottoms but thats about it. We've been going there for a number of years and the Rangers seem to be showing up less and less.

[Sanslines]

Potters Falls is actually located on City of Ithaca property. It is a wonderful area with large sunning rocks and a nice swimming area and sees plenty of nude use by students as well as others. There are Gorge Rangers that patrol the area on foot and will ask you to cover your bottoms but thats about it. We've been going there for a number of years and the Rangers seem to be showing up less and less.

You must be going to a very different Potter's Falls from the one that I am familiar with. The Potter's Falls that I know of is seldom used by students. Others will use Potter's Falls on a sporadic basis. The Rangers do show up as often as they always have. The main problems continue to be downstream with the high school kids who seem to continue to get into all sorts of mischief.

[Jason Lee]

Six Mile Creek nude area (no swimming)

creek is a water source for Ithaca College

Rangers can arrest swimmers