Is It Legal To Sunbathe In Your Backyard? (Find Out Now!)

Upgraded Home Team
by Upgraded Home Team

Avoiding unsightly tan lines is key for obtaining the perfect Summer glow! This is why people across the globe flock to beautiful beaches to soak in the sun, in the nude. However, for the more modest members of mankind, is it legal to sunbathe in your backyard?

Basking in buff while on your personal property is technically legal, with one very large caveat. If you cannot ensure that this activity is done privately, it can lead to an indecent exposure charge. Each state has different requirements for what qualifies for this criminal offense, so it is important to clarify what your city allows.

Possible Criminal Charges for Backyard Sunbathing

Indecent Exposure

While each state has a slightly different interpretation, the general definition of indecent exposure is relatively clear cut. It is the intentional presentation of one’s genitals to a person or people who might be offended by the sight. Many states also require that you must be engaging in lewd or sexual behavior.

There is also the stipulation that it has to be witnessed while on public property. However, this does not mean that you have to be on public property to face this charge.

What Is The Punishment For Indecent Exposure?

An Indecent Exposure charge is considered a misdemeanor that can land you in jail for, in most cases, six months or less. It also comes with a hefty fine that varies from state to state.

Most importantly though, if you are caught more than once, you will then be required to register as a sex offender. Keep in mind, this charge brings a handful of stipulations that can impact your day to day life.

These can include living a certain distance from any school and being barred from visiting parks or sporting arenas. In some states, you can even be required to stop from consuming alcohol. When you consider the impacts this would bring to your professional and personal life, you might think twice about sunbathing in the nude.

Every state has specific rules for being naked in public. However, Alaska, Arizona, Iowa, Maryland, Nebraska and Utah seem to have the most rigid laws against this act.

Indecency With A Child By Exposure

States like Texas and Florida take crimes against children very seriously. Thus, if this activity is witnessed by a child, this is a much graver outcome. Indecency With A Child By Exposure is defined as the intentional exposure of the genitals or the anus to a minor under the age of sixteen.

Most other states require some form of sexual intent along with the exposure of private parts. Even so, it is always best to not test the waters with this type of accusation.

What Is The Punishment For Indecency With A Child By Exposure?

Indecency With A Child By Exposure is a felony charge that can land you in jail for up to fifteen years and brings up to a $10,000 fine. This also brings the requirement of registering as a sex offender, with the first conviction.

While it is likely that your intentions are pure, for the folks who live along a school bus route or near an educational facility, the charge could stick.

Moreover, even if the court rules in your favor, the charge will remain on your record. The consequences for just having this allegation can be very detrimental. It can impact your job outlook, housing situation and your ability to visit certain facilities.

Loopholes For Those Who Want To Sunbathe In The Backyard

Public nudity laws are in place in every state in America. However, certain cities do tolerate some related actions, if you are in the right locale. Thus, there are some workarounds for the avid sunbather.

Bottom’s Up Baking

While considered distasteful, showcasing your rear to others does not constitute indecent exposure in most locations. Just be careful when bending down in your birthday suit, because if the anus is exposed, that changes the situation.

However, if you want to lie on your stomach while bare-bottomed, as long as you are not spread eagle, you are technically good to go!

Topless Tanning

TopFreedom is a political initiative aimed at achieving gender equality. If men are allowed to be shirtless in a location, then women should be allowed to do the same action. Supporters argue that by withholding this right, it is infringing upon the Equal Protection Clause stated in the Fourteenth Amendment.

In recent years, many states across the nation have joined in on this movement making it legal to go topless in some cities in the state.

States That Allow Topless Tanning
  • Colorado
  • Hawaii
  • Kansas
  • Maine
  • Michigan
  • Minnesota
  • New Mexico
  • New York
  • Ohio
  • Oklahoma
  • Utah
  • Wisconsin
  • Wyoming

However, not every city within these states agrees with this ruling. Therefore, if you hope to go topless, it is crucial to confirm the laws and regulations for the specific location.

Most other states tend to have ambiguous laws regarding a woman’s right to uncover her top half in public. What this means is that some states will not judge this decision too harshly. However, there are always those locations that will make an example of the individuals who bend the rules. Thus, we advise erring on the side of caution.

Places To ALWAYS Cover Up

Unfortunately, even if your intentions are to just have a private moment in the sun, you may want to hold off. If you live in Indiana, South Carolina, or Tennessee, it is illegal to show any private part of your body in public.

Additionally, while there are a few locations where toplessness is allowed in the state of Texas, most areas will charge you with a public nuisance crime. This can get you six months in jail, if convicted.

Location, Location, Location

Unfortunately, in most states, property ownership does not always excuse you from the rules of indecent exposure and other serious charges. Thus, if neighbors and those with prying eyes passing by can see into your yard from public property, it is best to cover up.

The location and features of your home can play a big factor in your ability to legally sunbathe in your backyard in the nude. Here are some questions to think about before stripping down in the sun:

  • Is it at the top of a hill or are you located on the lower levels of a valley?
  • Do you have lattice fencing or a masonry fence?
  • How tall is your fence?
  • Are you located near a school or on a bus route?
  • Do you have neighbors with a two story view?

Best advice — If you live near a school, suit up. Children are curious creatures. If they were to peek into your yard at the wrong moment, it could come at a big cost.

However, if you live in a secluded area or you have taken ample precautions to ensure your privacy, then it is likely that you will be fine getting your dose of Vitamin D, without your bathing suit.

Nude Sunbathing Solutions

The general consensus is that if you can be seen, you may be in trouble. Conversely, if you are brave enough to don your birthday suit in public, there are locations across the United States where sunbathing in the buff is legal and welcomed!

It shouldn’t be much of a surprise that many of these places are beach-related spots. California and Florida all have a handful of locations to strip down and soak in the sun with no worries about legal issues. Moreover, Arkansas is fair game IF you only strip down in front of those of the same sex (and in a sanctioned location).


Related Questions

Is it legal to skinny dip in your backyard?

After spending a few hours baking in the sun, it is always nice to go for a refreshing dip! However, just like when you sunbathe in the nude, swimming in the nude is only allowed when you can remain out of sight from wandering eyes.

The Wrap Up

If you feel the need to bathe in the buff, consider making upgrades to your backyard to guarantee privacy. These can include installing tall fences, planting a plethora of trees, and adding a trellis to the deck.

If your fence boards have a little too much room in between each other, also try situating privacy hedges along areas where people might frequent. Luscious backyard landscapes are a fantastic solution to provide you with some solitude and peace of mind.

Additionally, always check your city and state laws to determine what your specific region allows. Catching some rays with your bottoms on might be your best bet if you live in a state with strict rules.

On that note — it is important to remember that many of these laws are subjective. You may not have any sexual intent. However, the mother of a thirteen-year-old who sees you without clothes might see things in a different light. This is a decision that is solely in the hands of the accuser, the arresting officer, and the judge. Thus, tread lightly.

Related Articles

Upgraded Home Team
Upgraded Home Team

We are a team of passionate homeowners, home improvement pros, and DIY enthusiasts who enjoy sharing home improvement, housekeeping, decorating, and more with other homeowners! Whether you're looking for a step-by-step guide on fixing an appliance or the cost of installing a fence, we've here to help.

More by Upgraded Home Team

Next