help understanding legal wording

[naturalandfree]

can some of you legal eagles clear something up for me ?
i have read on a couple of web site's the colorado state law regarding nudity.
and as i understand it , the simple act of being nude is NOT againt the law in colorado , is this correct ?

[nimrod]

If it reads anything like California's law, it probably is not, but that does not stop the police arresting you, or charging you with indecency. Also you have to be careful of local bans.

[naturalandfree]

this is the way the law reads :

Colorado
State Law
18-7-301
(Public Indecency)
18-7-302
(Indecent Exposure)
Public Indecency - 18-7-301 (1) Any person who performs any of the following in a public place or where the conduct may reasonably be expected to be viewed by members of the public commits public indecency: (a) An act of sexual intercourse; or (b) An act of deviate sexual intercourse; or (c) A lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of any person; or (d) A lewd fondling or caress of the body of another person; or (e) An act of masturbation. (2) Public indecency is a class 1 petty offense. (3) For purposes of this section, "masturbation" means the real or simulated touching, rubbing, or otherwise stimulating of a person's own genitals or pubic area for the purpose of sexual gratification or arousal of the person, regardless of whether the genitals or pubic area is exposed or covered.
Indecent Exposure - 18-7-302. Indecent exposure. (1) A person commits indecent exposure if he knowingly exposes his genitals to the view of any person under circumstances in which such conduct is likely to cause affront or alarm to the other person. Public indecency is a class 1 petty offense.

Indecent Exposure is a class 1 misdemeanor.

Indecent Exposure is a class 6 felony if the violation is committed subsequent to two prior convictions of a violation of this section or of a violation of a comparable offense in any other state or in the United States, or of a violation of a comparable municipal ordinance.

[NakedGary]

Quote by "naturalandfree" Post #1

can some of you legal eagles clear something up for me ?
i have read on a couple of web site's the colorado state law regarding nudity.
and as i understand it , the simple act of being nude is NOT againt the law in colorado , is this correct ?

Yes "naturalandfree" plain nudity is not "Lewd". Lewd is the key as described on the Colorado Law on Post #3

You still may be arrested as Quoted by "nimrod" in Post #2

If it reads anything like California's law, it probably is not, but that does not stop the police arresting you, or charging you with indecency. Also you have to be careful of local bans.

As posted several times on CFF Forums, The Naturist Society/NAC Naturist Action Commity is a good resource for State and Federal Laws concerning Nudity. Below are several links to laws and regulations:

The Naturist Society, Naturist Action Committee, Naturist Education Fund:

http://www.naturistsociety.com/tns/nac_nef/NAC_NEF.html

NAC On Colorado Nudity Laws:

http://naturistaction.org/StatesFram...o_summary.html

http://naturistaction.org/StatesFram...rado_laws.html


NAC On California Nudity Laws:

http://naturistaction.org/StatesFram...rnia_laws.html

http://naturistaction.org/StatesFram...a_summary.html


NAC challenges arrest for nude hiking on Federal Land within California:

Federal Units located in California

• Angeles National Forest
  In 2006, a nude hiker in Angeles National Forest was cited by Los Angeles County Sheriff's deputies under Section 314.1 of the California Penal Code, which is the state's indecent exposure law. California attorney Allen Baylis, who is a director of the Naturist Action Committee, challenged the citation in a strongly worded letter to the L.A. County Sheriff. The Sheriff's Department issued a letter in response, confirming that "simply hiking in the forest, in the nude, is not a violation of the law."
  
  Click here for a copy of the L.A. County Sheriff's letter.[PDF format 881K]

A Clear verbal explaination of Indecent Exposure charges by a law group consisting of former cops & prosecutors now defending you:

http://www.shouselaw.com/indecent-exposure.html

[Agde]

Given the clear legal framework, Colorado is a state where naturists should be systematically organizing events, in cooperation with local authorities, to highlight the difference between naturist activities and "indecency." For instance, organize demo hikes, swims, picnics, sports, etc, involving rangers/police in the preparation so everyone knows what to expect and inviting journalists and politicians to see for themselves the healthy pleasant atmosphere. The legal bottomline isn't complicated -- simple nudity in Colorado is not illegal -- but, while rules for sexual behavior are well-defined, simple ground-rules for nudity haven't been worked out in a clear and public way. For instance, women are already allowed to be topfree in Colorado anywhere men can be, so the rule-of-thumb is that if guys could be without shirts, then gals can also go without. Naturists need similarly to define and demo basic etiquette for "no shorts" or "no swimsuits". For instance, when meeting textiles while hiking, is the rule-of-thumb for naturists to cover genitals with a cap or wrap while passing? When picnicking or sharing a beach, is there an expectation of some sort of signage to indicate a naturist presence? Once etiquette and rituals are defined, everyone can relax. Pick an activity and get going to demo and publicize what people can expect from courteous naturists.

[naturalandfree]

thanks ,
the reason for me asking is that we often are nude inside with the windows open and can be seen from the street , but have never had any problems

[nimrod]

thanks ,
the reason for me asking is that we often are nude inside with the windows open and can be seen from the street , but have never had any problems

I would be careful there, even though you are in your own home, and I am assuming doing nothing sexual, that will not stop someone from complaining and you getting into trouble, unfortunately. Because your curtains are open, which is a choice, then the fault lies on you.

[Agde]

I would be careful there, even though you are in your own home, and I am assuming doing nothing sexual, that will not stop someone from complaining and you getting into trouble, unfortunately. Because your curtains are open, which is a choice, then the fault lies on you.

In Colorado, there is no "fault" being nude with windows open as long as you are not doing anything sexual (18-7-301.1abcde) and you are not doing something in front of the windows directed at passersby (eg. "flashing") that causes "affront or alarm" under 18-7-302. There is some legal gray area about "affront or alarm" defined by whom, but essentially the complainer would need to show some sort of aberrant "conduct" beyond merely doing normal things around the house. You would consequently be testing the limits if you habitually sit nude in front of glass sliding doors viewable from a public street, even if all you are doing is reading the newspaper, but not if you happen to be seen walking by them on the way to the kitchen.

[naturalandfree]

thanks folks

all anyone will ever see us doing is walking from the kitchen to the couch or visa versa
and we do close the curtains at night when its easier to see inside . even in daytime the curtains are partly closed
due to sun glare in the TV screen . we would never do anything sexual in public view . just not in our nature

[Naturist Mark]

thanks folks

all anyone will ever see us doing is walking from the kitchen to the couch or visa versa
and we do close the curtains at night when its easier to see inside . even in daytime the curtains are partly closed
due to sun glare in the TV screen . we would never do anything sexual in public view . just not in our nature

If you want to stay legal, and still get natural light and see outside - get cafe curtains: http://www.clothesfreeforum.com/show...indow-Covering