Based on what I have read, here are some variations across jurisdictions of laws against public nudity.
1. Simple nudity.
2. Nudity associated with disorderly conduct.
3. Nudity that causes offence to an individual.
4. Nudity that causes offence to the community.
5. Nudity that was intended to cause offence.
6. Nudity accompanied by lewd behavior.
I have ordered them from least appropriate to most appropriate, as I see it.
Re #1, I'm certain that the courts will eventually agree that simple public nudity should not be illegal, because there is nothing inherently wrong with display of the naked human body.
Re #2, the disorderly conduct could relate to the nude person or to the viewers of the nude person.
#4 is a fairer than #3, because #3 gives too much attention to the opinion of one person. Anyone can be offended by anything.
Re #5, it would be better to reword this be "intended to threaten or harass".
Re #6, it would be more appropriate to delete the reference to nudity and focus on the behavior.
I think that the minimum in law should be #4. However, I think that it would be better if the minimum was #6 (redefined to exclude the reference to nudity), with #4 and #5 being handled by social pressure/censure.
What do you think?
Gary
1. Simple nudity.
2. Nudity associated with disorderly conduct.
3. Nudity that causes offence to an individual.
4. Nudity that causes offence to the community.
5. Nudity that was intended to cause offence.
6. Nudity accompanied by lewd behavior.
I have ordered them from least appropriate to most appropriate, as I see it.
Re #1, I'm certain that the courts will eventually agree that simple public nudity should not be illegal, because there is nothing inherently wrong with display of the naked human body.
Re #2, the disorderly conduct could relate to the nude person or to the viewers of the nude person.
#4 is a fairer than #3, because #3 gives too much attention to the opinion of one person. Anyone can be offended by anything.
Re #5, it would be better to reword this be "intended to threaten or harass".
Re #6, it would be more appropriate to delete the reference to nudity and focus on the behavior.
I think that the minimum in law should be #4. However, I think that it would be better if the minimum was #6 (redefined to exclude the reference to nudity), with #4 and #5 being handled by social pressure/censure.
What do you think?
Gary
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