Public Nudity
Elements
• A person who knowingly or intentionally appears in a public place in a state of nudity commits public nudity, a Class C misdemeanor.
Enhancements
• A person who knowingly or intentionally appears in a public place in a state of nudity with the intent to be seen by another person commits a Class B misdemeanor.
• A person who knowingly or intentionally appears in a state of nudity:
(1) in or on school grounds;
(2) in a public park; or
(3) with the intent to arouse the sexual desires of the person or another person, in a department of natural resources owned or managed property;
commits a Class A misdemeanor.
• [T]he offense is a Level 6 felony if the person has a prior unrelated conviction under this subsection or under [IC 35-45-4-1.5(c)].
Definition and interpretation of “appears”
• [T]he statute prohibits appearing nude in a public place. The term “appears” is not defined by the public nudity statute . . . . Undefined words in a statute are usually given their plain, ordinary and usual meaning. Courts may consult English language dictionaries to ascertain the plain and ordinary meaning of a statutory term. “Appears” has been defined as: “to come forth, be visible . . . to come into view . . . to become visible. Therefore, we conclude that the public nudity statute prohibits knowingly or intentionally being visibly nude to persons in a public place. This would include being nude in your front yard or your neighbor’s front yard if you are visible to a sidewalk or road.
Weideman v. State, 890 N.E.2d 28, 32 (Ind. Ct. App. 2008)(quoting Webster’s Third New International Dictionary 103 (2002))(other citations omitted)
Definition and interpretation of “public place”
• Our supreme court determined in the context of the former public indecency statute, IC 35-45-4-1 (1979), which prohibited appearing in a state of nudity in a public place, that the phrase “public place” was not vague and meant “any place where the public is invited and are free to go upon special or implied invitation [;] a place available to all or a certain segment of the public.” We find no reason why this definition should not be applied to the public nudity statute, IC 35-45-4-1.5, which prohibits the same conduct as our former public indecency statute . . . .
Weideman v. State, 890 N.E.2d 28, 32 (Ind. Ct. App. 2008)(quoting State v. Baysinger, 397 N.E.2d 580, 583 (Ind. 1979), reh’g denied, dismissed sub nom. Clark v. Indiana, 446 U.S. 931 (1980))
• For more definitions and interpretations of “public place,” please review Public Indecency.
Definitions of “nudity”
• As used in [IC 35-45-4-1.5], “nudity” has the meaning set forth in [IC 35-45-4-1(d)].
• “[N]udity” means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of covered male genitals in a discernibly turgid state.
• For more definitions and interpretations of “nudity,” please review Public Indecency.
Interpreting “the intent to be seen by another person”
• The State was also required to prove beyond a reasonable doubt that [the defendant] had an “intent to be seen by another person” in order to convict [the defendant] of public nudity as a Class B misdemeanor. During the trial, [a witness] testified that it was dark outside, and when he turned his truck lights on, [the defendant] had a panicked look on his face and “he turned to the ditch and just dropped, he just, like fell down and rolled.” “[H]e dropped and rolled into the ditch and then he crawled on his hands and knees down the ditch to the back of the property.” [The defendant] testified at the trial that he did not want to be seen. Based on our review of the record, we conclude that the State presented insufficient evidence to prove beyond a reasonable doubt that [the defendant] intended to be seen.
Weideman v. State, 890 N.E.2d 28, 33 (Ind. Ct. App. 2008)(some alterations in the original)(citations to the record omitted)
Definitions of “public park”
• “Public park” means any property operated by a political subdivision for park purposes (as defined in IC 36-10-1-2).
• “Park purposes” include the establishment, equipment, and operation of parks, boulevards, pleasure drives, parkways, wheelways, park boulevards, bridlepaths, playgrounds, playfields, bathhouses, comfort stations, swimming pools, community centers, recreation centers, other recreational facilities, and recreational programs.