Wording of state laws

[coloartist]

My main interest is in nude hiking which I have done plenty of over the years. I live in Colorado and most trails are deserted.

However I do run into an occasional clothed hiker in which case I try to cover up by putting on my hiking shorts over my boots and falling backwards into the bushes. The law in Colorado (and many other states):

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.

My dictionary defines genitals (or genitalia) as pertaining to the external sexual organs.

I do not understand where female breasts, male or female buttocks can be included.

[coloartist]

My main interest is in nude hiking which I have done plenty of over the years. I live in Colorado and most trails are deserted.

However I do run into an occasional clothed hiker in which case I try to cover up by putting on my hiking shorts over my boots and falling backwards into the bushes. The law in Colorado (and many other states):

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.

My dictionary defines genitals (or genitalia) as pertaining to the external sexual organs.

I do not understand where female breasts, male or female buttocks can be included.

[Naturist Mark]

quote:

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Originally posted by coloartist:
[qb] My dictionary defines genitals (or genitalia) as pertaining to the external sexual organs.

I do not understand where female breasts, male or female buttocks can be included. [/qb]

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It depends on how the court interprets it. In Ohio and New York breasts and buttocks have been judged to not be sex organs (or more quaintly - 'private parts'), thus thongs and topfreedom are affirmatively legal there (unless a local jurisdiction has a more restrictive law - most do not).

Every State has its own indecency laws and its own case history concerning them. At least half of the states do not prohibit topfreedom for women (that is, freedom for women to go without a top wherever males can), but to my knowledge this has only been confirmed by the courts in New York and Ohio.

Some local police and prosecutors are notorious for enforcing indecency laws even when those laws don't apply (i.e. an alternate charge of disorderly conduct, disturbing the peace, and 'resisting arrest' should you object). Thus 'legality' may not be a defense against hostile law enforcement. But most cops prefer to go after real crime.

Most states also have some sort of equal protection or equal rights guarantee in their constitutions or legal codes, thus even where women's breasts are explicitly criminalized by law, those laws are of questionable legality. Unfortunately its going to take a lot of women being arrested and prosecuted to firmly establish those rights (as in NY and OH).

Summary of State Laws concerning Nudity, Topfreedom & Thongs (1998)
NAC State Laws pages (more up to date)

-Mark

[Capricorn]

Perhaps the law should allow all beach users at their discretion to be totally nude or partially so. Special areas should be provided to accommodate those who for any reason are offended or uncomfortable when they see others totally nude.

[Angel]

And it depends on where you live in Colorado. Colorado Springs city council recently amended the Public Indecency statute to specifically criminalize simple nudity, specifically citing the female breast as a body part that must be covered in public or in any area that could be viewed by the public.

See this thread for the full text of the changes: http://www.clothesfree.com/cgi-bin/u...c;f=6;t=000072 . (You may have to cut and paste the link into your browser if it's broken.)

[Gary Naturist]

quote:

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Originally posted by Angel:
[qb] Colorado Springs city council recently amended the Public Indecency statute to specifically criminalize simple nudity, specifically citing the female breast as a body part that must be covered in public or in any area that could be viewed by the public.

[/qb]

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There's no way that this statute will stand up if completely challenged in court.

Gary

[Gary Naturist]

quote:

---

Originally posted by coloartist:
[qb] My main interest is in nude hiking which I have done plenty of over the years. I live in Colorado and most trails are deserted.

However I do run into an occasional clothed hiker in which case I try to cover up by putting on my hiking shorts over my boots and falling backwards into the bushes. The law in Colorado (and many other states):

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.

My dictionary defines genitals (or genitalia) as pertaining to the external sexual organs.

I do not understand where female breasts, male or female buttocks can be included. [/qb]

---

I had a good laugh over your description of trying to cover up. Been there, done that.

If the law references genitals, then it does not include breasts or buttocks.

Re wording of state laws and the phrase "likely to cause affront or alarm". There are at least 3 different ways that this can be determined:

1. In the opinion of the viewer.
2. With reference to community standards.
3. Taking into account the intentions of the nude person.

Re #2: Some courts hold that it doesn't matter if a particular person might be affected in this way. What is more important is what the community can tolerate. Some state/provincial laws are written or interpreted this way.

Re #3: Some laws consider the intentions of the nude person rather than the reaction of the viewer.

Both #2 and #3 make a lot of sense to me. It is #1 that is the problem for nudists.

Gary

[coloartist]

In my search I have contacted federal, state, county and local authorities, normally asking for the most senior ranger/officer for an interpration. I now know that each ranger/officer seems to be very well aware of the law but quite varied in their interpretation.

US Forest Service Rangers seem to be the most liberal, but in most cases in Colorado would have to drive 60 miles to check out a complaint.

For 2 months my neighborhood had a problem with a "crack house". The officers have never seemed to time their visitations so as to keep the evidence from going to the great toilet bowl in the sky. One night at 3 AM I called the City to complain about the noise and traffic and they asked me if I would run up the house and get the address. If I were to do that in my normal night time attire or lack thereof, I would be the one arrested.!

You know you have surprised a nude hiker when you round-the-bend and he/she has both legs in only one leg hole.

[Nude in the North]

I've never understood the "Likely to cause Afront or Alarm" part of these laws.

(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.

Does that mean it's ok to expose one's genitals as long as it's under circumstances that are not "Likely" to cause affront or alarm?
Being in your own yard or hiking on a seldom traveled trail would make it Unlikely that anyone would be alarmed at seeing you. Since it's unlikely that you would meet anyone.
Affront means to insult. How could seeing genitals "insult" someone in the first place. I can only speak for my own, but I have never heard them Insult anybody.
How can a person know if something is going to alarm someone else? And why should it matter as long as there isn't any aggressive action or perveted motives attached?
I'm "Alarmed" when I see someone with Purple and Orange , Spiked hair and nose rings. Should those people be arrested? I get alarmed when I see someone wearing a leather jacket with chains on it. Should they be arrested too?
Lot's of things alarm some people. Should we just go out and arrest everyone that alarms those people? Or teach those people not to be alarmed at everything they see.

Personally I don't think any law that reads, " to cause affront or alarm" makes any sense.
All a nudist should have to do is ask, what part of me mowing my lawn, gardening, or taking a walk is alarming? If a person is doing things that are legal while dressed, then doing them nude should be legal too.

Steve

[Gary Naturist]

Whether some action is "likely to cause affront or alarm" is a matter of opinion. But whose opinion? Depending on the particularly wording, it could be the person who saw the nude person, the nude person him/herself, or the local community (i.e. its standards).

Gary