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  • In my back yard

    I have a question about nudity in my back yard. If my neighbor sees me, can she call the authorities and press charges? Shouldn't I be free to be nude on my own property?

  • #2
    I have a question about nudity in my back yard. If my neighbor sees me, can she call the authorities and press charges? Shouldn't I be free to be nude on my own property?

    Comment


    • #3
      My suggestions would be-
      Talk to her first, to determine if your nudity might be okay with her.
      Consider installing a privacy fence or plant some large shrubs.
      Go out at night. In the darkness or with her sleeping, you will not be seen.


      Otherwise, Yes-I would figure the neighbour could cause you some trouble.
      At least a charge of some kind, a possible fine, possible court or legal costs might be involved.
      You might get some publicity that you might deem adverse.

      Good luck

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      • #4
        yeah, you would think you could do as you please but there are laws. check in your area to see just what is unlawful.

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        • #5
          Talk to her about it. You might be pleasantly surprised or quietly disappointed. Either way it takes the law side of it out of the equation.

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          • #6
            In your case, you will need to consult your local and State laws and legal precedents. But in general backyard nudity is legal so long as it isn't visible to anyone outside of your property or from "public" areas of your property.

            In most cases you are OK if your neighbor can see you, but has told you it is no problem (most state laws have a "reckless" and "affront" test to indecent exposure). However, even when you have your neighbor's consent, you could still get into trouble if visitors to her property see you and complain.

            Parenthetically: The Kansas law seems to require the exposure to be with the intent to gratify the sexual desires of ones self or another. Which if taken at face value would allow non-sexual nudity anywhere in the state. Unlikely! This is a case where the law does not follow the law:
            • Under Kansas state law (Kansas Statutes Annotated 21-3508), "lewd and lascivious behavior" includes "publicly exposing a sex organ or exposing a sex organ in the presence of a person who is not the spouse of the offender and who has not consented thereto, with intent to arouse or gratify the sexual desires of the offender or another."

              Although it would seem to most naturists that "lewd and lascivious" would not apply to mere nudity, the Naturist Action Committee has confirmed that K.S.A. 21-3508 is, in fact, the state statute used to charge and prosecute those who are merely nude.[/list]

              -Mark

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            • #7
              quote:
              Originally posted by Avionics6:
              I have a question about nudity in my back yard. If my neighbor sees me, can she call the authorities and press charges? Shouldn't I be free to be nude on my own property?


              Yes, if your yard is screened by a tall fence so that you have a reasonable expectation of privacy. If your neighbor has to stand on a ladder or climb a tree to see you, any complaint that might be made is likely to be laughed at.

              But if the neighbor can see into your yard while going about his/her ordinary business--including looking out their second-story window--then you probably don't have the right to be nude in your yard.

              If your yard isn't well screened, talk to the neighbor and explain that you like to sunbathe (or whatever) nude; however you don't want to cause them discomfort. They see what the neighbor says. You might get lucky, and hear your neighbor say, "No problem."

              In that case, invite him/her to let you know if they have company coming, so that you won't create a problem for them.

              Then, when you get home, make notes about the conversation and date it. That way you have something to refer back to should a problem crop up.

              Comment


              • #8
                Without going into too much detail, that is exactly what I did. I asked each of the neighbors if there would be any objections if I were to be in my backyard nude. None objected. That was about 3 years ago. I am still nude whenever I am in the back. Nothing has been said; except for the older lady next door (not a complaint).

                She did mention to my wife that one day she may say, "Hey handsome", to me when she caught me. So far nothng has been said, but it would be only the second time I spoke to any neighbor while I was nude.

                It pays to have great neighbors.

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                • #9
                  All good advice nothing much to add except.... a line from an old Credence Clearwater Revival tune, doo, doo, do looking out my backyard!

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                  • #10
                    quote:
                    Originally posted by Avionics6:
                    I have a question about nudity in my back yard. If my neighbor sees me, can she call the authorities and press charges? Shouldn't I be free to be nude on my own property?
                    Well philosophically, I think you should be free to be nude on your own property, but as evidence of just how biased our culture is, odds are you are not free to be nude on your own property without risking legal ramifications, unless of course, and as has been stated you are not visible from outside your property while you are there.

                    I suppose I'm not really offering advice so much as venting just a bit. Others appear to have covered the advice bases pretty well. And, no, for me there is no nudity in my yard, not a chance I'd even consider taking under the(/my) circumstances.

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                    • #11
                      I was glad to see this topic. I have just this year decided to commit to a nudist lifestyle at home, but I've been considering free sunbathing in my backyard for years. I have never had a yard that I felt would be private enough.

                      Well, I'm not waiting any longer. We don't get along too well with the neighbors right now. (They were real close to the previous owners who lost their mortgage.) So, I'll put up some kind of "towel/chair screen". That way, it will be clear that I am not trying to flash the burbs.

                      KY State law and the local municipal code stress the "intent to arouse or gratify" aspect to make it an offense. So, as long as I make a "good faith" attempt to do it privately, I should be safe from prosecution.

                      Any comments?

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                      • #12
                        I agree with you, but then I'm not a lawyer, nor a body-phobic judge. For free, you could ask the top law-enforcement person in your jurisdiction for his opinion.

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                        • #13
                          Still try to put up some sort of privacy screen (lattice?) to give you more room to roam.

                          Good luck

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                          • #14
                            yeah,good advice. make it private or speak to the neighbors. make sure you will not get in trouble or be discreet

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                            • #15

                              Do what you can to make it discreet and talk to your neighbors if possible.

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