Does this count as public nudity, and does anybody have any right to complain?

M

Meilien

New member
Under California law:

A person sunbaths naked in their backyard, but their backyard is "easily overlooked" by one of more other houses (for example, they have upstairs windows that look out straight over the yard)

1) Is the nude sunbather committing an act of public nudity?
2) Does the sunbather have any legal/civil right to complain if their neighbors see them?
3) Do the neighbors have any /civil right to complain about the sunbather?
I'm confused.

1) Does private property that is not viewable form public property count as being "in public view"?

2) Does a person count as being "present" if they are looking out a second story window on a neighboring property?

By this measure somebody in an aircraft with a big enough set of binoculars could sue you for sunbathing naked on a private beach 50 miles from the nearest habitation.
 
A real simple test: If someone can see you without going out of their way to do so, then it is not private, and you could be cited for it.

You example, the neighbor is not going out of their way to see it. All they have to do is look out their window and see it. If they want to complain, that is within their right.

But, if someone has to peek over the fence (assuming it is a privacy fence) or enter your property to see (like peeping through a window), then I personally don't think they have any right to complain.
 
My wife's answer to this is if they don't like it, then don't look, and I say if she doesn't like being looked at then don't do it.

As fro complaints then yeah it happens, but less so if you good looking, if your but ugly and overweight then expect the complaints.
 
Well i dont think you ca do anything about it if its in their backyard. That isn't public its done in their private property.
 
I've always heard that as long as you are in your own yard, nudity is ok.

I don't think you have a legal right to complain if your neighbor is ogling you from his property.

A neighbor might ask you to stop if he catches his child watching from a window.
 
I would be pretty annoyed if my 11 year old were gaping at a nude woman in the next yard. I'm so happy I dont live in California.
 
I would be pretty annoyed if my 11 year old were gaping at a nude woman in the next yard. I'm so happy I dont live in California.
 
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