Fla law ?

[bikerbare]

Okay folks here's a question I researching for a friend in FloridA. Their house has a fairly private backyard with a pool, they like to skinny dip as most of us do. The yard is private on 3 sides and has a 6 foot fence on the fourth, her neighbors have peeked through the fence or gotten up high enough to see over this fence and they do complain to them, what are the legal ramifications (if any, afterall the neighbors are going out of their way to look). Any help or advice would be helpful.
Thanks In Advance, HG

[nacktman]

One would think the neighbors would be guilty of being 'Peeping Toms' and harassment and would be subject to criminal as well as civil penalties.

But if the neighbors have kids then all bets are off and it is likely those 'peep'ed' upon and harassed will be held criminally and civilly liable for being on their own private property out of the sight of the public.

[Walt Iliff]

Well, the first thing I would do is ask my friend, "Why are you asking me?? I live in Pennsylvania, and I am not a lawyer or the police." Then I would refer him to either:

1. An attorney in Florida
2. The local constabulary
3. The AANR office in Kissimmee, Florida (on the off chance that they may have some insight into the potential problem)

Hope that helps.

Walt

[NudeAl]

Contact a legal professional. In most states the neighbors would be guilty of violating peeping Tom laws. However the old adage that he who would represent himself in a court of law has a fool for a client is very appropriate. Bottom line you get what you pay for.

[Cheri]

Originally posted by bikerbare:
Okay folks here's a question I researching for a friend in FloridA. Their house has a fairly private backyard with a pool, they like to skinny dip as most of us do. The yard is private on 3 sides and has a 6 foot fence on the fourth, her neighbors have peeked through the fence or gotten up high enough to see over this fence and they do complain to them, what are the legal ramifications (if any, afterall the neighbors are going out of their way to look). Any help or advice would be helpful.
Thanks In Advance, HG

Below is what I got from TNS's/NAC website. There may also be local statutes and zoning issues with which to contend.
Cheri

Title XLVI
Crimes Chapter 800
Lewdness; Indecent Exposure

800.02 Unnatural and lascivious act.
A person who commits any unnatural and lascivious act with another person commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. A mother's breastfeeding of her baby does not under any circumstance violate this section.

History.--s. 1, ch. 7361, 1917; RGS 5425; CGL 7568; s. 778, ch. 71-136; s. 2, ch. 93-4. ________________________________
800.03 Exposure of sexual organs.
It is unlawful to expose or exhibit one's sexual organs in public 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 to be naked in public except in any place provided or set apart for that purpose. Violation of this section is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A mother's breastfeeding of her baby does not under any circumstance violate this section.

History.--s. 1, ch. 7360, 1917; RGS 5445; CGL 7588; s. 1, ch. 61-51; s. 779, ch. 71-136; s. 3, ch. 93-4.
__________________________________
[NAC NOTE 1: Courts have held that simple non-lewd nudity does not constitute the "vulgar or indecent manner" required for conviction under Florida Statute 800.03. Some challenged convictions under 800.03 have been thrown out. Authorities have increasingly turned to the use of Florida's disorderly conduct statute (877.03) as a means of restricting simple nudity. SEE NAC NOTE 2.]

800.04 Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age.
(1) DEFINITIONS.--As used in this section:
(a) "Sexual activity" means the oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual activity does not include an act done for a bona fide medical purpose.
(b) "Consent" means intelligent, knowing, and voluntary consent, and does not include submission by coercion.
(c) "Coercion" means the use of exploitation, bribes, threats of force, or intimidation to gain cooperation or compliance.
(d) "Victim" means a person upon whom an offense described in this section was committed or attempted or a person who has reported a violation of this section to a law enforcement officer.
(2) PROHIBITED DEFENSES.--Neither the victim's lack of chastity nor the victim's consent is a defense to the crimes proscribed by this section.
(3) IGNORANCE OR BELIEF OF VICTIM'S AGE.--The perpetrator's ignorance of the victim's age, the victim's misrepresentation of his or her age, or the perpetrator's bona fide belief of the victim's age cannot be raised as a defense in a prosecution under this section.
(4) LEWD OR LASCIVIOUS BATTERY.--A person who:
(a) Engages in sexual activity with a person 12 years of age or older but less than 16 years of age; or
(b) Encourages, forces, or entices any person less than 16 years of age to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity commits lewd or lascivious battery, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(5) LEWD OR LASCIVIOUS MOLESTATION.--
(a) A person who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 years of age to so touch the perpetrator, commits lewd or lascivious molestation.
(b) An offender 18 years of age or older who commits lewd or lascivious molestation against a victim less than 12 years of age commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c)1. An offender less than 18 years of age who commits lewd or lascivious molestation against a victim less than 12 years of age; or
2. An offender 18 years of age or older who commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(d) An offender less than 18 years of age who commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(6) LEWD OR LASCIVIOUS CONDUCT.--
(a) A person who:
1. Intentionally touches a person under 16 years of age in a lewd or lascivious manner; or
2. Solicits a person under 16 years of age to commit a lewd or lascivious act
commits lewd or lascivious conduct.
(b) An offender 18 years of age or older who commits lewd or lascivious conduct commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) An offender less than 18 years of age who commits lewd or lascivious conduct commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(7) LEWD OR LASCIVIOUS EXHIBITION.--
(a) A person who:
1. Intentionally masturbates;
2. Intentionally exposes the genitals in a lewd or lascivious manner; or
3. Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity in the presence of a victim who is less than 16 years of age, commits lewd or lascivious exhibition.

(b) A person who:
1. Intentionally masturbates;
2. Intentionally exposes the genitals in a lewd or lascivious manner; or
3. Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity
live over a computer on-line service, Internet service, or local bulletin board service and who knows or should know or has reason to believe that the transmission is viewed on a computer or television monitor by a victim in this state who is less than 16 years of age, commits lewd or lascivious exhibition. The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this paragraph shall not constitute a defense to a prosecution under this paragraph.
(c) An offender 18 years of age or older who commits a lewd or lascivious exhibition commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(d) An offender less than 18 years of age who commits a lewd or lascivious exhibition commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(8) EXCEPTION.--A mother's breastfeeding of her baby does not under any circumstance constitute a violation of this section.
History.--s. 1, ch. 21974, 1943; s. 1, ch. 26580, 1951; s. 780, ch. 71-136; s. 66, ch. 74-383; s. 1, ch. 75-24; s. 40, ch. 75-298; s. 291, ch. 79-400; s. 5, ch. 84-86; s. 1, ch. 90-120; s. 5, ch. 93-4; s. 6, ch. 99-201; s. 1, ch. 2000-246.
__________________________________
Title XLVI
Crimes Chapter 877
Miscellaneous Crimes
877.03 Breach of the peace; disorderly conduct.
Whoever commits such acts as are of a nature to corrupt the public morals, or outrage the sense of public decency, or affect the peace and quiet of persons who may witness them, or engages in brawling or fighting, or engages in such conduct as to constitute a breach of the peace or disorderly conduct, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.--s. 1, ch. 59-325; s. 1147, ch. 71-136; s. 2, ch. 86-174.
__________________________________
[NAC NOTE 2: Th e successful 1999 appeal of Kayla Sosnow, who had been convicted under 877.03 for being topfree, casts official doubt on the use of 877.03 as a means of prohibiting nudity and other behavior where there is no complainant. SEE NAC NOTE 1.]

[BinCo]

I would contact the local police chief and ask them to come and see. Be proactive and involve the neighbor so that they can be clear on where the line is drawn. If they look over the fence in a normal course, such as the kids have a treehouse or something, I think you are on the wrong side. On the other hand, if they have to climb on the fence to see you and complain after, they probably have no recourse.

Just don't let us know that the 6 foot fence is chainlink http://oakhurstonline.com/icon/eusa_dance.gif

[boatsteve]

The neighbors are the guilty party and have broken the law by invading their privacy. The skinny dippers have taken enough precaution legally against being seen.

Unless there is a local law that goes against this the nudists are right to be nude in the yard.

[Bob S.]

It would be interesting to know what size holes the neighbors are looking through in the fence.

If there is any chance to talk this over with the neighbors, that would be the best. Otherwise, it would be bet to talk with a lawyer in Florida to determine the skinny-dippers' rights.

Bob S.

[walter05]

You don't say what part of Florida they are in. This could make a big difference.

Jacksonville and other parts of northern Florida are more culturally aligned with South Georgia than the rest of Florida.

If they are in a very conservative part of Florida, I would think taller fencing and locking gates would be less expensive and less risky than legal matters. If the neighbors are the sorts of people to peer into others' private spaced, I am skeptical that they can be talked to reasonably.

Once the fencing is high and opaque enough, if the people peer again, I would consider calling the police on them for violating your privacy.

[bikerbare]

Thanks for all the advice. I have passed this on and they will look over their options. They are in the Tampa area and I am going down next month to help with closing off the fence and possibly extending it another foot or so.
HG

[Cheri]

bikerbare, The easiest way to have a higher fence is to move the cross pieces a foot up. We have a 6' high fence but it starts a foot off the ground, making it a 7' high fence in reality. The neighborhood might have a fence height restriciton.
Cheri

[oldbob]

Originally posted by Cheri:
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by bikerbare:
Okay folks here's a question I researching for a friend in FloridA. Their house has a fairly private backyard with a pool, they like to skinny dip as most of us do. The yard is private on 3 sides and has a 6 foot fence on the fourth, her neighbors have peeked through the fence or gotten up high enough to see over this fence and they do complain to them, what are the legal ramifications (if any, afterall the neighbors are going out of their way to look). Any help or advice would be helpful.
Thanks In Advance, HG

Below is what I got from TNS's/NAC website ... ________________________________
800.03 Exposure of sexual organs.
It is unlawful to expose or exhibit one's sexual organs in public 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 to be naked in public except in any place provided or set apart for that purpose. Violation of this section is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A mother's breastfeeding of her baby does not under any circumstance violate this section.
</div></BLOCKQUOTE>

Bikerbare,

Your friend's yard is neither a public place nor the private premises of another. The question remains then is his backyard so near to his neighbor's yard that he can be seen from his neighbor's yard? Sounds like he is okay but the additional fencing will definitely help.

Here is a post (http://clothesfreeforums.com/eve/forums/a/tpc/f/7400016152/m/7570037544?r=7570037544#7570037544) that contains an article that sheds some light on how liberally Florida's indecency statute has been interpreted in court.

Bob

[RalphVa]

One thing I did in Baton Rouge was to attach a trellis type structure (cross-pieced wood frames you can buy; having a senior moment trying to remember what they're called) and extend it up a couple feet above the fence. Technically, it wouldn't be the "fence", just a landscape feature above it. They come in 4xlength. I'd attach 2 feet onto the fence and let the other 2 feet go above the fence. Then plant some vines to grow up inside the fence to cover it. Many vines want to grow and congregate at the uppermost part of the structure.

[David77]

The easiest way to have a higher fence is to move the cross pieces a foot up. We have a 6' high fence but it starts a foot off the ground, making it a 7' high fence in reality.
Then anyone would have to stoop down to peek under the fence thru the one foot gap, instead of looking over the fence. http://oakhurstonline.com/icon/confused.gif

[FLBareBear]

Hi All,

Being a Florida resident who likes to push the legal limits some, I can address this situation as handled by the Sheriff's Office in my County, ( Santa Rosa ). We had a similar problem and questions, except our 4th side has only a 3 foot "privacy" fence. The deputy said that since we made the effort to avoid offending others, even nosy busybodies, that we were legal and could be nude in our yard, and further he stated that we could press charges against the neighbor for tresspass (on our fence), and for voyeurism (peeping tom).

Your freinds' county should follow similar interpretation of the court cases.

Hope this Helps,
Bear

[Bob S.]

Another thought would be to nail some slats along the top of the fence with the words "Voyeur Line" painted facing their property http://oakhurstonline.com/icon/wink3.gif

Bob S.

[bikerbare]

Again, thanks for the great info. My friends and I are getting ready (next month) to build a colorful ripstop nylon extension along that part of the fence. It appears that the female neighbor gets upset if her husband looks over the fence. This wiull allow a creative shade on that part of the fence and allow the privacy my freinds desire to have. They said to express their thanks and possibly we have two new members here. HG