quote:
Originally posted by George:
[QB]Dear fellow nudists!
Someone saw me driving nude in my car and reported me to the police. QB]
This question was also posted on NetNude and I responded there. I'm copying my response here because others might be interested in some of the considerations.
Gary
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You may be on stronger ground if your car is not considered a public place. Some time ago, I read a news article about some young people who had been caught "doing it" in the back seat of a car. They were charged with something or other. However, they won their case because their car was not deemed to be a public place and because the windows were sufficiently steamed up (s******) that it was difficult to see what was going on inside.
For someone to see you naked, they must be able to see your "lap". In order to do this, assuming that they are average height, they must be standing beside the car, opposite the passenger side window and about 10 feet away (+ or - 2 feet) for a direct line line of sight. This would most commonly be the case if you were driving in the curb lane, and someone was standing on the sidewalk. Was this the case? If you were two lanes away from the sidewalk, there?s no way that someone on the sidewalk could have a proper line of sight. (Getting some value out of Grade 10 physics.)
Some other thoughts:
1. Were you totally nude -- i.e. not wearing a shirt or shoes? If not, and depending on how the charge is worded, you might be able to get off on a technicality.
2. Did the person see you while you were driving -- i.e. hands on the steering wheel? And/or was the car moving? And/or were you driving on a highway rather than a city street ("L.A. is a great big highway ..."). If any of the above, you may be able to get the court to distinguish between mere nudity and lewdness.
3. With a bit of research on various nudist forums on the Net, you can find lots of accounts of people who drive nude, to demonstrate that it?s not an uncommon activity.
4. You can maybe tie in situations involving public nudity. The cover story in the most recent issue of "N", the magazine of The Naturist Society, is about a group in San Francisco who goes roller blading nude, so far without getting into trouble with the law.
5. Did you have something with which to cover up? If so, you might be able to argue that you didn?t expect to be seen nude -- just didn?t have enought time to oover up. Intention is an important element in judging guilt.
6. Are you a member of a recognized nudist organization? This might help you plead nude not lewd. (But don?t join after the fact.)
7. Finally, if you get a chance to plea bargain, you should obviously try for a charge that does not have a sexual connotation -- e.g. disorderly conduct, nude in a public place, offend public decency.
8. Contact people who frequent local clothing-optional beaches to see if you can get the name of an attorney who has defended people charged re nudity on the beach.
Good luck, Gary (not a lawyer)
Keeping existing clothing optional sites legal and establishing new areas set aside for nude recreation.
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