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  • for those of you with questions about Florida Law:

    Nude or lewd? Hobe Sound man's incident exposes legal questions:
    http://www.tcpalm.com/tcp/local_news/article/0%2C%2CTCP...36_5093785%2C00.html

    Man charged with exposing himself

    By GABRIEL MARGASAK
    [email protected]
    October 26, 2006
    HOBE SOUND — Just how naked can you be in your own home?

    Florida's exposure law is clear: Keep your clothes on if anyone can see you.

    Advertisement
    But proving a violation of that law in court is another matter.

    Florida Statute 800.03 came into play Oct. 23, when a Hobe Sound man was charged with two counts of misdemeanor exposure of sexual organs after allegedly exposing himself to neighbors.

    Joan Pittman, 47, and Larry Roberts, 49, said their neighbor put on an indecent show by being naked and masturbating while standing at his bedroom window. Two sheriff's detectives said they also witnessed the action during an undercover sting.

    William David Killen, 37, said he had the right to privacy in his Pine Circle home.

    Pittman and Roberts shot about two hours of video in an attempt to catch Killen in the act. The video shows Killen naked while intermittently appearing at the window with the shade up, but the camera angle cuts him off below the waist.

    CLOAKED IN THE LAW

    For law enforcement, the case and the law were crystal clear.

    "You cannot stand in front of a window and repeatedly and obsessively — walking back and forth in front of the window ... make sure people can see you," Martin County sheriff's spokeswoman Lt. Jenell Atlas said. "You cannot have sex in an open place."

    Atlas said the case prompted deputies throughout the department to recount some of their more bizarre exposure experiences: a person walking naked across the Palm City Bridge, a man sleeping naked in the woods and, of course, sex on the beach.

    "A man and woman (are) having sex on the beach. It's midnight. But there's nobody else out there. They're technically showing their genitals to the public," Atlas said, as an example. "But there's no public there."

    But when a deputy on patrol sees the action, he's the public.

    Atlas said the deputy has discretion to make the arrest or tell the paramours to get dressed and move along.

    "I don't think people have that much problem knowing they have to wear clothes," Atlas said. You "cannot show your genitals to the public, in your house, in your car ..."

    THE NAKED TRUTH

    A legal expert said the case isn't open-and-shut.

    "You can't hide behind the fact you're in your own home if you're masturbating and there's a good likelihood you'll be seen by others," said David Golden, a Stuart criminal defense attorney. "If you're in your home not intending to be seen by others, you certainly have an expectation of privacy and are more than able to walk in the nude ..."

    Golden, who is not involved with the Killen case, said there are many factors to consider in such a criminal case.

    Foremost would be establishing whether the exposed resident knew someone could see him.

    Did anyone warn the person they could be seen? Does the window face the street?

    Did the exposed know the routine of neighbors so as to avoid — or to ensure — being seen?

    Golden added that neighbors videotaping neighbors could be tricky.

    "At what point does (the neighbor) cross the line between being an average neighbor and being a 'Peeping Tom' herself?" Golden asked.

    The State Attorney's Office in the Killen case had yet to determine whether to formally file the two exposure charges, drop them, change them or add more charges.

    Regardless of the outcome, Killen's neighbors remained sure the law was broken.

    "We know what we saw," Roberts said.

    Killen maintained his innocence: "Everybody in South Florida thinks I masturbate at the window, and that just does not happen."

    "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."

    PENALTY

    FLORIDA'S EXPOSURE LAW

    • Up to one year in jail and $1,000 fine for each charge.

    Florida statutes; Martin County Sheriff's Office

  • #2
    Nude or lewd? Hobe Sound man's incident exposes legal questions:
    http://www.tcpalm.com/tcp/local_news/article/0%2C%2CTCP...36_5093785%2C00.html

    Man charged with exposing himself

    By GABRIEL MARGASAK
    [email protected]
    October 26, 2006
    HOBE SOUND — Just how naked can you be in your own home?

    Florida's exposure law is clear: Keep your clothes on if anyone can see you.

    Advertisement
    But proving a violation of that law in court is another matter.

    Florida Statute 800.03 came into play Oct. 23, when a Hobe Sound man was charged with two counts of misdemeanor exposure of sexual organs after allegedly exposing himself to neighbors.

    Joan Pittman, 47, and Larry Roberts, 49, said their neighbor put on an indecent show by being naked and masturbating while standing at his bedroom window. Two sheriff's detectives said they also witnessed the action during an undercover sting.

    William David Killen, 37, said he had the right to privacy in his Pine Circle home.

    Pittman and Roberts shot about two hours of video in an attempt to catch Killen in the act. The video shows Killen naked while intermittently appearing at the window with the shade up, but the camera angle cuts him off below the waist.

    CLOAKED IN THE LAW

    For law enforcement, the case and the law were crystal clear.

    "You cannot stand in front of a window and repeatedly and obsessively — walking back and forth in front of the window ... make sure people can see you," Martin County sheriff's spokeswoman Lt. Jenell Atlas said. "You cannot have sex in an open place."

    Atlas said the case prompted deputies throughout the department to recount some of their more bizarre exposure experiences: a person walking naked across the Palm City Bridge, a man sleeping naked in the woods and, of course, sex on the beach.

    "A man and woman (are) having sex on the beach. It's midnight. But there's nobody else out there. They're technically showing their genitals to the public," Atlas said, as an example. "But there's no public there."

    But when a deputy on patrol sees the action, he's the public.

    Atlas said the deputy has discretion to make the arrest or tell the paramours to get dressed and move along.

    "I don't think people have that much problem knowing they have to wear clothes," Atlas said. You "cannot show your genitals to the public, in your house, in your car ..."

    THE NAKED TRUTH

    A legal expert said the case isn't open-and-shut.

    "You can't hide behind the fact you're in your own home if you're masturbating and there's a good likelihood you'll be seen by others," said David Golden, a Stuart criminal defense attorney. "If you're in your home not intending to be seen by others, you certainly have an expectation of privacy and are more than able to walk in the nude ..."

    Golden, who is not involved with the Killen case, said there are many factors to consider in such a criminal case.

    Foremost would be establishing whether the exposed resident knew someone could see him.

    Did anyone warn the person they could be seen? Does the window face the street?

    Did the exposed know the routine of neighbors so as to avoid — or to ensure — being seen?

    Golden added that neighbors videotaping neighbors could be tricky.

    "At what point does (the neighbor) cross the line between being an average neighbor and being a 'Peeping Tom' herself?" Golden asked.

    The State Attorney's Office in the Killen case had yet to determine whether to formally file the two exposure charges, drop them, change them or add more charges.

    Regardless of the outcome, Killen's neighbors remained sure the law was broken.

    "We know what we saw," Roberts said.

    Killen maintained his innocence: "Everybody in South Florida thinks I masturbate at the window, and that just does not happen."

    "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."

    PENALTY

    FLORIDA'S EXPOSURE LAW

    • Up to one year in jail and $1,000 fine for each charge.

    Florida statutes; Martin County Sheriff's Office

    Comment


    • #3
      quote:
      It is unlawful to expose or exhibit one's sexual organs in public or on the private premises of another,


      I don't think the FL law reads exactly like this or plain nudity in or on anothers property would be illegal. It should read without permission or mutual agreement. [Or permission should be added to this part of the exposure law.]

      I've read where in Arkansas [I believe] its illegal to be nude in or on private property with anyone except your legal spouse. [That includes girlfriends, boyfriends, or others of the same gender.]
      .

      Comment


      • #4
        quote:
        "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,



        In a vulgar or indecent manner

        So a reasonable person would expect that it would be legal to be naked anywhere in the state of florida as long as said person isn't behaving in a vulgar or indecent manner.
        After all, nudity in it's self can't be considered vulgar or indecent or the law wouldn't be making a distinction to that effect.

        If only it were true...

        Steve

        Comment


        • #5
          does anyone know the laws on boating out in the ocean? What about being on your boat nude? We have seen many others on the water nude and have never seen a cop anywhere.

          Comment


          • #6
            quote:
            Originally posted by NakedShayne:
            does anyone know the laws on boating out in the ocean? What about being on your boat nude? We have seen many others on the water nude and have never seen a cop anywhere.


            My guess is that it would be under the scrutiny of either the life guards or the Coast Guard, if either is on patrol in the water. If you were at the dock on your boat nude then it'd be a police matter. You could always head out into international waters and then there isn't any problem.

            Comment


            • #7
              NakedShayne

              I would think that in international waters [Beyond 3 miles in most areas] you’re pretty much on your own as to being nude or in view of others. Even if the Coast Guard came within view or wanted to board I don't think you would be breaking any international laws or have to put on any clothes on or explain as to why you or your party was nude.

              The nude cruise liners request that nudist be covered when outside of international waters or within 3 miles or what ever the country or port docking restrictions say beyond 3 miles.

              There was mention in the forums of a gay nude cruise ship being refused to dock by a caribian country that was a regular stop over and dock for nude cruises.

              Interesting Question. Below are two links which are nautical and nudist related. Maybe there is something to be found, or a forum that can answer on international laws of being nude on international waters.

              http://www.bareboating.com/

              http://www.bareboating.com/photo_index.html
              .

              Comment


              • #8
                Gary:"I've read where in Arkansas [I believe] its illegal to be nude in or on private property with anyone except your legal spouse. [That includes girlfriends, boyfriends, or others of the same gender.]"

                It's not that strict, Gary:

                (a) The term "nudism" as used in this section is defined to be the act or acts of a person or persons congregating or gathering with his, her, or their private parts exposed in the presence of one (1) or more persons of the opposite sex as a form of social practice.

                So you see, nudist groups can exist if they are only of the same gender. Other than that, families are screwed when the kids grow up.

                Bob S.

                Comment


                • #9
                  Bob S.

                  Thanks, I see that in the NAC review or posting of the Arkansas law.

                  So it says it's illegal to be nude in the presents of one or more [married spouse excluded] persons of the opposite sex.

                  Under indecent exposure It also refers to "Him" "Himself" only in exposing genitals or indecent exposure. Does this mean women are excluded?

                  quote:
                  § 5-14-112. Indecent exposure.

                  (a)(1) A person commits indecent exposure if, with purpose to arouse or gratify the sexual desire of himself or of any other person, if he exposes his sex organs:


                  Link to NAC's Listing of Arkansas law on 5-14-112 Indecent exposure
                  .

                  Comment


                  • #10
                    The NAC says this about Florida law:

                    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.]


                    So I think it's reasonable to ask if the guy got off.

                    What? What did I say?

                    Comment


                    • #11
                      Here is an earlier example of the application of Florida's indecent exposure laws.
                      http://clothesfreeforums.com/eve/forums/a/tpc/f/7400016...130018544#5130018544

                      The person in the current case may end up being convicted because his exposure could be considered "vulgar or indecent"

                      Comment


                      • #12
                        Hi, Just a note on my experience with Florida's 800.03

                        Once, a neighbor reported me nude in my yard. The deputy checked her view of my privacy fenced yard and found taht she could not see me without "unusual effort", (standing on her deck railing), and did not charge me.

                        Another time, my mail carrier caught me nude in my garden while delivering a package. The deputy said that my signs by my driveway warning of possible nudity and siting FL statute 800.03 gave ample warning and relieved me of further obligation.

                        This law can work both ways, if you follow the rules.

                        Comment


                        • #13
                          quote:
                          Originally posted by John P:
                          The NAC says this about Florida law:

                          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.]



                          This looks very much like the situation we have over here in the UK, a law that doesn't outlaw innocent nudity, so the police charge nudists with some other wide ranging law, a case of inflicting personal opinion on those of us who choose to live a different lifestyle.

                          Pete Knight

                          Comment


                          • #14
                            quote:
                            This looks very much like the situation we have over here in the UK, a law that doesn't outlaw innocent nudity, so the police charge nudists with some other wide ranging law, a case of inflicting personal opinion on those of us who choose to live a different lifestyle.


                            Pete - you are correct that the police here can prosecute for a public order offence for simple nudity - I have only recently had an opinion confirming that view from the Senior Crown Prosecutor in my borough. What the police would have to show is that the behaviour concerned was disorderly (should not a problem when it comes to unexpected nakedness) and that it was likely to cause harassment, alarm or distress to others. The latter clause does, to a large extent, leave it to magistrates to decide whether the nakedness would be likely to invoke such feelings in others, so the police would be advised to take statements from people in the vicinity stating they were shocked or otherwise bothered by it. Is that a matter of "personal opinion"? I suppose it is. But then such judgments have to be made when deciding any public order case because the acceptability of any human behaviour is subjective.

                            Stu

                            Comment

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