You’re not quite naked, but you’re not quite dressed either. Is it legal? I don’t know and I’ve always been curious.
It depends entirely on the jurisdiction. Take the city of Seattle, for example (I know this because I planned an executed a nude photo shoot in public view inside the city limits and sought legal council ahead of time to ensure I wan’t risking being charged with any crimes). The general rule for Seattle hinges on whether the activity is intended to tittilate or sexually arouse observers - and if that is obviously not the intent, then even full nudity is not illegal. Many other large cities have very similar ordinances.
The smaller the town, and the more conservative the region, the stricter and less flexible the ordinances. There are beaches in South Carolina, for example, where they even regulate the minimum amount of coverage for bikinis and beachware.
It’s not city ordinances but state law, you can legally be naked in public throughout Washington state as long as your intent isn’t to sexually arouse others.
You are mistaken. City ordinances absolutely comes into play here. In the US, you are subject to federal law, any additional state laws, any additional county laws, and then any additional city municipal-codes/ordinances.
Here’s the Seattle city ordinance that applies:
Seattle Municipal Code, Chapter 12A.10.130 Indecent Exposure, Paragraph A.
A person is guilty of indecent exposure if he or she intentionally makes any open and obscene exposure of his or her person or the person of another knowing that such conduct is likely to cause reasonable affront or alarm.
source:
My understanding is that Seattle previously had a broad law against public nudity which was challenged in state court, the municipal code you cited was created to bring Seattle into explicit compliance with the state constitution after losing in court. I’m not a lawyer but that’s at least how it was explained to me, there’s nothing special about public nudity laws in Seattle relative to the rest of Washington because the courts have already clarified the situation and the same rules apply everywhere through the state. I did some quick googling and it looks like this is roughly accurate. The court case was funnily enough, Seattle vs. Johnson.
IIRC in Seattle it effectively depends on whether anyone cares enough to report you. If your neighbors don’t mind you gardening naked in your front yard then you’re fine. If they gripe about it then you have to put clothes on. Which seems reasonable to me.
San Francisco has actually been tightening their rules on public nudity because it was getting out of hand.
IIRC in Seattle it effectively depends on whether anyone cares enough to report you. If your neighbors don’t mind you gardening naked in your front yard then you’re fine. If they gripe about it then you have to put clothes on.
That’s not the case. You do not have to put on clothes just because your neighbors don’t like it. Gardening nude is fully legal even if someone complains.
Nudity itself is not obscene, only obscene actions can make it obscene.
you dont have to but you dont want the neighborhood hating you either. or maybe you do. idk.
Ah yes the classic “planned and executed a nude public photoshoot” situation. There’s so many of those though…which one was yours so we can really pin down these jurisdictional laws?
Well, I already named the jurisdiction: Seattle, Washington, USA.
The date/time shouldn’t matter since the ordinances haven’t changed, but it was Aug 12, 2012 just in case anyone reading this just happened to be in Seattle at the time and saw us. It was spectated by quite a number of people due to the size of the production - we had lights, a make-up/hair stylist, my assistant, the model, plus security.
Location is everything to answer your question. In the Middle East, you would be stoned to death. In Middle Alabama, that is just a common sight.
Defining “underwear” probably would come into play too.
A dude in a pair of boxer briefs would probably be fine. A dude in a full on dental floss thin bathing suit like Borat might get into trouble.
Same with a woman. Wearing granny panties and a bra would probably be fine. Wearing exposing lingerie would probably get you arrested for indecency in most places.
This really depends on your exact location. In most of the “western” world, it would be legal. But just because it’s legal, doesn’t mean it will go unpunished. You could still be arrested and then have some charges thrown at you trying to make one stick. Disturbing the peace would probably be one of the charges that could stick. And of course other things such as resisting arrest. Whether or not it goes that far would depend on why, where, and how you were out in your underwear and if someone has it out for you or not.
Businesses and even certain public places can obviously refuse you entry.
And if you’re in a school zone, or hanging out in front of a Boys’ and Girls’ Club, or Chuck E Cheese, there are (depending on state and local municipality, please check your local listings) other expectations of dress and decency. You may have to register, even if you didn’t directly commit a sexual crime.
If it’s legal to be in a swimming suit, it’s legal to be in underwear because you can argue it’s your swim suit.
Many years ago, an iconic commercial touched on this issue.
(I regret sharing advertising material, but)
If you are a man I think it is.
