Indecent Exposure and Public Lewdness Statutes
Learn what the laws are in your area concerning nudity and indecent exposure.

Alabama
13A-6-68
(Indecent Exposure)

Intent to arouse or gratify desire of himself or another; exposes genitals under circumstances likely to cause affront or alarm.

Exposure of anus or genitals in public place & reckless about with or near another who is offended or alarmed or in place likely to be observed by others who are alarmed or affronted.

CALIFORNIA CODES SECTION 314-318.6 (as of 6/2000): Every person who willfully and lewdly, either: 1. Exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or, 2. Procures, counsels, or assists any person so to expose himself or take part in any model artist exhibition, or to make any other exhibition of himself to public view, or the view of any number of persons, such as is offensive to decency, or is adapted to excite to or thoughts or acts, is guilty of a misdemeanor.

A 1972 California court case set the precedent that simple beach nudity is not indecent exposure. However, different localities have their own laws (notably Santa Barbara and Los Angeles Counties) and beach nudity will net you a citation and a fine with no questions asked.

California
State Parks
Title 14 Section 4322 of the California Administrative Code

No person shall appear nude while in any unit except in authorized areas set aside for that purpose by the Department. The word nude as used herein means unclothed or in such a state of undress as to expose any part of portion of the pubic or anal region or genitalia of any person or any portion of the breast at or below the areola thereof of any female person.

While this regulation allows for setting aside specific clothing optional areas, the parks department hasn't taken advantage of the provision. However, the State Park rangers operate under a policy known as the "Cahill" policy, named after a former Parks Director: "it shall be the policy of the Department that enforcement of nude sunbathing regulations within the State Park System shall be made only upon the complaint of a private citizen. Citations or arrests shall be made only after attempts are made to elicit voluntary compliance with the regulations." Since the people most likely to make a complaint are also the least likely to make an effort to get to a remote part of a state beach, those areas have become clothing optional. If you stay in those areas, you are unlikely to be bothered. However, if a ranger appears and asks you to put your clothes on, comply and stay clothed for the rest of the day to avoid a citation.

Public Indecency - 18-7-301 (1) Any person who performs any of the following in a public place or where the conduct may reasonably be expected to be viewed by members of the public commits public indecency: (a) An act of sexual intercourse; or (b) An act of deviate sexual intercourse; or (c) A lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of any person; or (d) A lewd fondling or caress of the body of another person; or (e) An act of masturbation. (2) Public indecency is a class 1 petty offense. (3) For purposes of this section, "masturbation" means the real or simulated touching, rubbing, or otherwise stimulating of a person's own genitals or pubic area for the purpose of sexual gratification or arousal of the person, regardless of whether the genitals or pubic area is exposed or covered.
Indecent Exposure - 18-7-302. Indecent exposure. (1) A person commits indecent exposure if he knowingly exposes his genitals to the view of any person under circumstances in which such conduct is likely to cause affront or alarm to the other person.

Public indecency is a class 1 petty offense.

Indecent Exposure is a class 1 misdemeanor.

Indecent Exposure is a class 6 felony if the violation is committed subsequent to two prior convictions of a violation of this section or of a violation of a comparable offense in any other state or in the United States, or of a violation of a comparable municipal ordinance.

Note: Local municipalities have different law such as Boulder's public nudity ordinance.

Lewd exposure of "the body with intent to arouse or satisfy the sexual desire of the person."

Delaware
11 Sec 764
2d degree

By a male for exposure of genitals or buttocks and by a female for exposure of genitals, buttocks or breast when likely to cause affront or alarm.

If exposure above to person less than 16 years old and which conduct likely to cause affront or alarm.

Any obscene or indecent exposure of his or her person.

Nudity is not per se, "obscene." Hearan v. D.C., App.D.C. 178 A.2d 434 (1962).
See also Duvallon v. D.C., App. D.C. 515 A.2d 434 (1986).

In public place:
(1) act of sexual intercourse;
(2) lewd exposure of sexual organs;
(3) lewd appearance in a state of partial or complete nudity or;
(4) lewd caress or indecent fondling of body of another.

Attorney General Opinion, Feb 12, 1951. addressed to Mr. Norval E. Packwood indicates that "practice of nudism per se as advocated by your association"... "prohibited by law in Georgia".

Exposure of the genitals, pubic hair, anus, vulva, or female breasts or nipples in any public place with the intent of arousing sexual desire or which appeals to prurient interest or is patently offensive.

1.A. "In a public place... (2) The actor knowingly exposes the actor's genitals under circumstances which, in fact, are likely to cause affront or alarm;
B. "In a private place, the actor exposes the actor's genitals with the intention that the actor be seen from a public place or from another private place."

General intent, including reckless and negligent conduct.

Not an "infamous crime" nor one of "moral turpitude".

Common Law

May require an intentional lewd act. See Comm v. Bishop, 296 Mass. 459, 6 N.E. 2d 369 (1937)

Will and lewd exposure of the personal or private parts in public place or where others are present or procuring another to expose himself.

Pendergrass v. State, 193 So.2d 126 (), held woman sunbathing nude on wooded tract not visible from public road & who began to clothe herself when uninvited visitors came, not willful and lewd.

Montana
45-5-504
(Indecent exposure)

A person commits the
offense of indecent exposure if the person knowingly or purposely
exposes the person's genitals under circumstances in which the person
knows the conduct is likely to cause affront or alarm in order to:
(a) abuse, humiliate, harass, or degrade another; or
(b) arouse or gratify the person's own sexual response or
desire or the sexual response or desire of any person.

1st offense: $500 AND up to 6 months in jail
2nd offense: $1,000 AND up to 1 year in jail
3rd offense: $10,000 AND no less than 5 years, nor more than 100 years in the state prison

Disorderly persons offense if a flagrantly lewd and offensive act likely to be observed by other nonconsenting persons who would be alarmed or affronted.
Crime of 4th degree if:
(1) Exposure of intimate parts to arouse or gratify sexual desire of defendant or another where expects to be observed by child less than 13 yrs.
(2) Same as above, but observed by persons suffering mental disease or defect.
Lewd act defined: "include the exposing of the genitals for purpose of arousing or gratifying the sexual desire of the actor or of any other person."

Exposure of genitals or performance of any other act of gross lewdness under circumstances where one should know likely to cause affront or alarm.

Exposure of private or intimate parts in a lewd manner.

Sec. 245.00 has been held hot to prohibit mere nudity. People v. Ventrice, 96 Misc. 2d 282, 408 N.Y.S.2d 990 (1978); People v. Hardey, 77 Misc. 2d 1092, 357 N.Y.S.2d 970 (1974). People v. Gilbert, 72 Misc. 2d 75, 338 N.Y.S.2d 457.

Appearance in a public place with private or intimate parts unclothed or exposed. "For purposes of this section, the private or intimate parts of a female person shall include that portion of the breast which is below the top of the areola. This section shall not apply to the breastfeeding of infants or to any person entertaining or performing in a play, exhibition, show or entertainment."

There remains a question of whether or not that portion of Sec. 245.01 prescribing exposure of the female breast (and not the male) is unconstitutional discrimination because of gender.

Willful exposure of private parts in public place and in presence of others of opposite sex or aiding, abetting or procuring another to do so.
Breastfeeding of infant exempted.

No requirement that exposure be "obscene" or "indecent" - simple act of exposing one's private parts is sufficient and there is no requirement that viewers be unwilling.
State v. King, 285 N.C. 305, 204 S.E.2d 667 (1967).

Exposure of genitals for purpose of arousing or gratifying sexual desire of himself or another or exposure of genitals where one knows is likely to cause affront or alarm.

Exposure of genitals under circumstances likely to cause affront, distress or alarm to others.

Willful, malicious and indecent exposure of person in public place, on property of others, or to view of person on street or highway.

Knowingly appears in a public place in a state of nudity.

Specific exemption "Public place does not include a private facility which has been formed as a family-oriented clothing optional facility, properly licensed by the state."
It should also be noted that purpose of act as stated in bill is to prevent commercial use of nudity. Arguably an argument like the N.Y. "Exposure of a person" cases might be applicable.

Statute prohibits "open and gross lewdness and lascivious behavior". Annotations do not indicate whether or not specific intent is required.

Intentional obscene display or exposure of person or private parts in public place or any place where others are present.

Exemption for breastfeeding.

With lascivious intent, knowing and intentional exposure of sexual or genital parts to child under 14 (unless legally married to child) or proposes that child exposes his or her sexual or genital parts.

Intentional exposure of sex organs, the anus of the actor or causes such exposure by another under circumstances where the actor knows that conduct is likely to cause affront or alarm.