June 2011

Monthly Archive

Can I Legally Be Nude in My Own Yard?

Summary

Although I make an effort to shield myself, am I in violation of the law if I’m naked in my own backyard and a neighbor happens to see and report me to police?

Dear Esq. is not intended as direct personal legal advice. For direct personal legal advice regarding your own state and situation you should consult a local attorney. → You should not and may not rely on anything on this website as legal advice.

‘Hello. First, let me say thank you for providing this service! My question is related to being naked on your own property (in my back yard). Let me explain. I reside in Hillsborough County, Florida. I am a nudist and as such enjoy swimming and sunning sans suit. I don’t always have the time to make the trip to the closest nudist resort so I usually go for a swim in my pool. I have put up a privacy block which does, for the most part, block anyone from viewing, but there could be a time when someone manages to see through the privacy screen. Let me be clear…there is nothing remotely sexual taking place…not in any way, shape or form. I have looked at the Florida statutes and here is what I have found:

800.03 Exposure of sexual organs.
It is unlawful to expose or exhibit one’s sexual organs in public 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 to be naked in public except in any place provided or set apart for that purpose. Violation of this section is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A mother’s breastfeeding of her baby does not under any circumstance violate this section.

Now, I have also found the following “instructions to a jury” (in the event that someone complains and I get arrested):

Florida Statutes Section 800.03 [Amended]

Before you can find the defendant guilty of [Indecent Exposure] [or] [Nakedness], the State must prove the following four elements beyond a reasonable doubt:

Elements
1. (Defendant) [exposed or exhibited [his] [her] sexual organs.] [was naked.]
2. [He] [She] [did so] [was naked] [in a public place.] [on the private premises of another.] [so near the private premises of another as to be seen from those private premises.]
3. (Defendant) intended the [exposure or exhibition of [his] [her] sexual organs] [or] [nakedness] to be in a vulgar, indecent, lewd or lascivious manner.
4. The [exposure or exhibition of the sexual organs] [or] [nakedness] was in a vulgar, indecent, lewd or lascivious manner.

So my question is this; am I in violation of the law on my own property, making a concerted effort to shield myself from view, if one of my neighbors happens to be able to see me and decides to notify the police? I am not looking for you to “justify” my actions, but rather help me understand what appears to be a fairly cloudy issue.’

If the facts are as you state them, then it would seem that the only place you may run into trouble is with the “so near the private premises of as to be seen from those private premises” language.

You already acknowledge that your privacy screen works “for the most part” but that “there could be a time when someone manages to see through the privacy screen”.

Given that you know that your privacy screen could fail, that would be the loophole through which you could be prosecuted. Why not just fortify the privacy screen to make sure that nobody can see through it, even if they try?
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A house attorney has answered this question. Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.

 

My Daughter Was Molested in 1994. Is it Too Late to Pursue a Case?

Summary

My daughter was molested under care of a babysitter in 1994 but no case was pursued as the sitter’s family had no assets. I believe their financial situation has improved. Is it too late to pursue a case against them?

Dear Esq. is not intended as direct personal legal advice. For direct personal legal advice regarding your own state and situation you should consult a local attorney. → You should not and may not rely on anything on this website as legal advice.

‘My daughter attended an in home daycare in 1994. The home was certified by Fairfax County and Licensed by state of VA. Part of the rules for keeping your license state that all people who live in the home must be disclosed and submit to a background check.
I toured the home and interviewed the babysitter prior to placing my daughter there. She indicated that she, her husband and her two small children lived there and no-one else.
A month or so after my daughter, 4 years old, began attending, she was molested (no penetration) by the nephew of the babysitter. He was a grown man of approx 25 years old and according to later testimony by the family and others he did live there. The police went in immediately and made an arrest. They seized evidence that my daughter had described–a towel that the man used to clean up. My daughters underwear also contained his DNA. A rape kit was done on my daughter that evening and nothing turned up there.
The man was jailed and his bail was set at 100,000.00 He was definitely a flight risk but perhaps that was as high as they could go. The day before the preliminary hearing was scheduled, he was still in jail. The police thought the case was strong and we would get a definite conviction. We met with the commonwealth DA the day before the preliminary, and she informed us that she would probably not be able to get him held over on a rape or child sexual assault crime. She said this is because the only evidence we had was on a towel and her underwear. She said it would all come down to whether my daughter could testify and that no-one as young as her had had testimony accepted in the commonwealth of Virginia.
The next day, it was a moot point, because his family had posted his bail and helped him leave the country (he was a citizen of India). The police assured us that if he ever tried to re-enter the country, he would be apprehended as a fugitive from justice. They told us that my daughter should be prepared to testify at any given time.
We went to an attorney to file a civil suit against the babysitter for negligence. She had not only not reported the nephew as living with her, but she had left my daughter alone with him to go shopping. She lost her license for a short time–and then went right back to babysitting. However, the attorney said that the family didn’t have any assets now and it would be better to wait until they got some and then file.
I know that the family moved out of the apt complex some time ago and into a house. I have reason to think that they are of much greater means now. Do we still have a case?’

The first thing you need to do is check with an attorney in your area to determine whether or not the statute of limitations has run. The statute of limitations governs the legal time limit you have within which to bring a case, and as this incident occurred 17 years ago, it may be that you no longer can file an action.


A house attorney has answered this question. Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.