TOTALLY GEEKED!

FNW wrote:

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She needs to cover up. Or risk being arrested for indecent exposure.

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 I doubt that will stick on private property.  

Whats the difference between this and leaving an apartment window open and some pervert looks in?  

huskerbb wrote:

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C'mon. The kids are going to look. That's just a fact. You can "tell" them all about respecting another persons privacy until you are blue in the face, and it won't matter.

Plus, this isn't really that "private". It's not like they are putting a ladder up to the neighbors fence or drilling a peep hole. They just happen to be in an upstairs room--and they have as much right to look out their window as she does to swim naked.

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Oh, I know.  But you don't get to pitch a fit because your boys won't stop looking.  

I think after a few hours of watching, the boys will get tired of it and stop.

They can certainly see a lot more on the Internet these days.

FNW wrote:

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huskerbb wrote:

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FNW wrote:

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She needs to cover up. Or risk being arrested for indecent exposure.

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 I doubt that will stick on private property.  

Whats the difference between this and leaving an apartment window open and some pervert looks in?  

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There is no difference.  You take your clothes off knowing others can see, it's indecent exposure.    Exposure inside a private home may meet the "public place" requirement if persons outside the home can observe the exposure.  This is the law in some jurisdictions.  This woman is on notice that others can see.  If she continues to expose herself, she could be arrested in some jurisdictions.

When I was much younger, there was a judge who lived nearby.  He would throw skinny dipping parties, and the boys next door would get on their roof and watch.   The police would break the parties up and make arrests.

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Well, not in Florida. 

The following is from Florida Statute 800.03:

It shall be unlawful for any person to expose or exhibit his sexual organs in any public place 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 so to expose or exhibit his person in such place, or to go or to be naked in such place. Provided, however, this section shall not be construed to prohibit the exposure of such or the person in any place provided or set
apart for such purpose.

The Florida Supreme Court and lower courts have repeatedly ruled that mere nudity (as in sunbathing and skinny dipping) is not in violation of this law. Mere nudity is not considered lewd or indecent exposire.

Now, here's where Florida law gets a little messy. Floridaʼs catch-all “disorderly conduct” statute, Florida Statute (F.S.) §877.03 is the state law that can affect naturists seeking their natural right to Floridaʼs sun. F.S. §877.03 is a second degree misdemeanor and does not constitute a sex offense. F.S. §877.03 forbids a citizen or tourist from doing anything that would “corrupt the public morals, or outrage the sense of public decency, ... or engages in such conduct as to constitute a breach of the peace or disorderly conduct.”

The Florida Supreme Court has ruled that “mere annoyance” is insufficient to constitute a crime under §877.03 in Gonzales v. City of Belle Glade, 287 So.2d 669 (Fla. 1973). This principle as applied to naturists was underlined in Sosnow v. State, where the appeals court ruled that the effect of oneʼs nudity “requires more than ʻthe creation of a mere annoyance.ʼ “

ed11563 wrote:

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"3. Is this woman setting herself up for a possible sexual assault. Not intentionally of course."

 

No more than a woman in a skimpy bikini in her own fenced-in back yard, I think.

 

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 Thank you, Ed. For a man to sexually assault a woman, it requires a concious decision on he part to attack a woman. 

It has very little to do with what she chooses to wear. 

Tangerine wrote:

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Bonny22Pye wrote:

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I think Americans are too concerned about nudity.

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 +1

In Europe there are ladies sunbathing topless in public parks whenever the weather allows. And boobs in commercials on tv all the dang time. Nudity is only sexual in the US. It's weird. 

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 I agree. 

lilyofcourse wrote:

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So if this was a guy and it was daughters who could see into the backyard, everyone would be just as ok with it?

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I'd be telling my kids not to look.  And yes, it's a naked body, nothing more.  Now, if the guy was masturbating, that would be a different story.  

Lawyerlady wrote:

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lilyofcourse wrote:

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So if this was a guy and it was daughters who could see into the backyard, everyone would be just as ok with it?

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I'd be telling my kids not to look.  And yes, it's a naked body, nothing more.  Now, if the guy was masturbating, that would be a different story.  

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 But what if she were?  I still doubt that much can be done.  

Lawyerlady wrote:

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huskerbb wrote:

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Lawyerlady wrote:

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lilyofcourse wrote:

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So if this was a guy and it was daughters who could see into the backyard, everyone would be just as ok with it?

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I'd be telling my kids not to look.  And yes, it's a naked body, nothing more.  Now, if the guy was masturbating, that would be a different story.  

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 But what if she were?  I still doubt that much can be done.  

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Lewd behavior while naked is against the law in Florida if it can be seen.

 

 

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 But where do yiu draw the line.  If two teenage boys are using a binoculars to spy on the girl next door, how is that her fault?

FNW wrote:

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In California, it is illegal if you are trying to be an exhibitionist. A defense would be if she didn't know anyone was present who would be offended. She now knows people can see her and are offended. So if she does it again, she could be arrested.

"There are exceptions to this however. While sunbathing on private property, you can still be charged with indecent exposure if your back yard is visible to the public. If your back yard can be viewed by people passing on a street or your neighbors are offended by your sunbathing, you may find yourself in violation of the indecent exposure law.

Read more: www.justanswer.com/topics-indecent-exposure/"

See also, www.hg.org/article.asp, for state-by-state rules on indecent exposure.

The laws are also more heavily enforced when the victims are children, i.e., under the age of 18.

So sorry, floozy, cover up.

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 But she's in Florida - so your California law does not apply. 

FNW wrote:

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In California, it is illegal if you are trying to be an exhibitionist. A defense would be if she didn't know anyone was present who would be offended. She now knows people can see her and are offended. So if she does it again, she could be arrested.

"There are exceptions to this however. While sunbathing on private property, you can still be charged with indecent exposure if your back yard is visible to the public. If your back yard can be viewed by people passing on a street or your neighbors are offended by your sunbathing, you may find yourself in violation of the indecent exposure law.

Read more: www.justanswer.com/topics-indecent-exposure/"

See also, www.hg.org/article.asp, for state-by-state rules on indecent exposure.

The laws are also more heavily enforced when the victims are children, i.e., under the age of 18.

So sorry, floozy, cover up.

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 She is on private property.  They took the steps they could to block it from view.  They also are not in California.

FNW wrote:

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Yes, but we aren't talking about a one time exposure to someone while strolling through the forest, communing with nature. This is an ongoing problem with repeated offenses targeting the same victim.

Yes, they "tried" to make it private. But you can't tell me they didn't know there was a second floor window with a view. So okay, assume they didn't know. They do now. Now they need to knock it off.

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 She didn't "target" anyone.  In fact, the opposite could be said.