If someone does this, what (if anything) can they be charged with?

[La Llorona]

So I have a neighbor who is somewhat unskilled with the use of these things you Earthlings call "windowshades." To put it plainly, this person can be seen quite well to be in states of full and partial undress, morning and evening, from both the street and from adjoining/nearby properties.

Now, in the interests of neighborliness, I'm not really interested in being a narc at the present time (although some other neighbor may be). However, bearing in mind that the answer to this question may vary from state to state, I'm curious: is there anything you can be charged with because of being nude in your own home in a way that is visible from the street or nearby properties? Would the situation vary in a private home versus an apartment?

Any input would be much appreciated.

[Rysto]

In British Columbia, Canada, there was a case recently where a guy was charged with public nudity for doing something very similar, IIRC.

[AskNott]

To quote the old joke about the fraternity house, "The anatomy class is not mandatory."

If your neighbor is not doing salacious dances up against the windows, there's probably nothing illegal. IANAL, though.

[Shagnasty]

A woman was in court testifying that the man next door would exercise totally nude each night in his bedroom and she saw him through her own bedroom window at night. The man's lawyer said, "His bedroom window is higher than your bedroom window....you can't really see him below his waist from your bedroom." To which she said indignantly, "You can if you stand on a chair!"

[MikeS]

It would probably vary by jurisdiction. In Illinois, he could conceivably be charged with public indecency (bolding mine):
Sec. 11‑9. Public indecency.

(a) Any person of the age of 17 years and upwards who performs any of the following acts in a public place commits a public indecency:
(1) An act of sexual penetration or sexual conduct as defined in Section 12‑12 of this Code; or
(2) A lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of the person. Breast‑feeding of infants is not an act of public indecency.
(b) "Public place" for purposes of this Section means any place where the conduct may reasonably be expected to be viewed by others.

The "intent" clause would probably get him off (no pun intended) if it ever went to trial, but I could certainly imagine an overzealous cop arresting him for it.

[Gfactor]

So I have a neighbor who is somewhat unskilled with the use of these things you Earthlings call "windowshades." To put it plainly, this person can be seen quite well to be in states of full and partial undress, morning and evening, from both the street and from adjoining/nearby properties.

Now, in the interests of neighborliness, I'm not really interested in being a narc at the present time (although some other neighbor may be). However, bearing in mind that the answer to this question may vary from state to state, I'm curious: is there anything you can be charged with because of being nude in your own home in a way that is visible from the street or nearby properties? Would the situation vary in a private home versus an apartment?

Any input would be much appreciated.

In many jurisdictions, it is indecent exposure, especially if they are doing something more than standing there. The key issue is whether a reasonable person would expect others to be able to see. A window facing one's own back yard (with no back yard neighbors) is probably ok, a window facing the house next door or a public street--not so ok.

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=nc&vol=appeals99/appeals1230/&invol=fusco

http://www.lawskills.com/case/ga/id/49011/

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=ma&vol=sjcslip/sjcNov04f&invol=1

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=ma&vol=sjcslip/sjcMay03s&invol=1

[Spectre of Pithecanthropus]

With indecent exposure laws, doesn't someone have to be offended by it? In other words, don't they have to make a complaint?

It's almost like a self-cancelling law, for who wants to admit publicly they spend any time at all spying on the neighbors?

[Gfactor]

With indecent exposure laws, doesn't someone have to be offended by it? In other words, don't they have to make a complaint?

It's almost like a self-cancelling law, for who wants to admit publicly they spend any time at all spying on the neighbors?

The family next door that doesn't want their children to see the neighbor's hairy schwantz, for one.

If you are visible to the public, then how is anybody spying?

OTOH, if they have to spy to see you, then you probably aren't visible to the public.

And to answer your question more directly, few indecent exposure statutes require a complainant who was offended. In practice, it is usually someone who was offended that complains. If you liked it, why would you call the cops?

Many statutes talk about negligence or recklessness about whether people will be offended by the conduct, e.g.,

(a) An offender commits the crime of indecent exposure in the second degree if the offender knowingly exposes the offender's genitals in the presence of another person with reckless disregard for the offensive, insulting, or frightening effect the act may have.

http://touchngo.com/lglcntr/akstats/Statutes/Title11/Chapter41/Section460.htm

[dolphinboy]

The first thing I would do is let this person know, in the most tactful way possible, that his neighbors can see when he walks around in the altogether and that he might want to, in the interest of HIS privacy, close his curtains.

If he says too bad, accuses you of being a voyuer, or refuses to change his habits I would next contact the local police the next time he is parading around and I bet they will send someone out to give him a stern warning.

If it happens enough times to be a nuisence evenutally he might get arrested, but what happens after that is anybody's guess. If the DA doesn't want to prosecute there's not a whole lot you can do.

[Spectre of Pithecanthropus]

If you are visible to the public, then how is anybody spying?

OTOH, if they have to spy to see you, then you probably aren't visible to the public.



It's hard for me to see how it's not spying to look into someone else's window. I just don't have any reason to do it, so I don't. Unless, of course, you have a situation of blatant exhibitionism where the person is intentionally showing off or attempting to get a reaction. For instance, if the nude person decides to stand spread-eagled, right at the window, or settles into an armchair and turns on a 300 watt bulb to make sure that everybody in the surrounding buildings gets a full view, then I agree, it would be pretty hard to miss that, and I wouldn't consider it spying if someone complained about it.

But on the other hand, if somebody just happens to be hanging out in the buff during a hot evening because the A/C isn't working, and perhaps inadvertently allows fleeting glimpses of their nude state, perhaps as they move from room to room; well then, that's almost by definition spying, because you'd have to be watching the window carefully in order to get that fleeting glimpse.

[Jake4]

The family next door that doesn't want their children to see the neighbor's hairy schwantz, for one.
I just wanted to stop for a moment and say thanks for being the first person I've seen use that particular spelling/pronunciation online before. You know the one I mean. :)

[Larry Mudd]

In British Columbia, Canada, there was a case recently where a guy was charged with public nudity for doing something very similar, IIRC.That fella was in Nanaimo. He was actually masturbating in a brightly-lit room with no curtains, visible from across the street. He was convicted of public indecency and it got a lot of press, and then the conviction was overturned on appeal, without much comment.

I'm glad that there weren't a lot of seven-point headlines about the appeal. :D

[Malacandra]

I thought the S.O.P. was:
- Woman sees man undressing in his bedroom: he is prosecuted for indecent exposure
- Man sees woman undressing in her bedroom: he is prosecuted for peeking.

:p

[Manduck]

Okay, OKAY, I'll close the curtains! Sheesh! :rolleyes: