Indecent Exposure in My Backyard

[LegalStinker]

I'm in California. I was unlucky enough to get sprayed by a skunk. Not wanting to bring the odor into the house, I took my tomato juice bath in my fenced backyard. I was fully nude. My neighbor complained that this was indecent exposure as he could see my nudity from his second story. He threatened to call the police, but he thankfully didn't. Should I be worried about being taken to court?

 

[Zigner]

No.

 

[Taxing Matters]

If no one who saw it reports it then you shouldn't have a problem. But note that in the future being naked in your backyard in possible sight of your neighbors could be enough to get you convicted of indecent exposure. The relevant part of the statute says:

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,....​

​

Cal. Penal Code § 314 (West)​

Note that you need not be in a public place to be convicted; it is enough that you are in a place where there are present other people who may be offended or annoyed by your behavior. I found no California cases that expressly deal with being naked in your own backyard but in some other states being in your own back yard is not a valid defense in itself. If others could still see you, that was enough. California case law does have an intent requirement to be convicted, and it's possible that your purpose of trying to rid yourself of the skunk smell and not to offend or annoy others would be a good defense, if the jury accepts that was all you were trying to do. Bottom line is that hanging out naked in your backyard where your neighbors can see might well lead to a conviction under PC § 314. The specific facts would, of course, matter greatly. And it would tend to worsen your relationship with your neighbors, which can end up making your life miserable should they decide to make it so. If your house is on fire while you are in the shower and you have to flee immediately to prevent death or injury you're not likely to have any problems. But I could see more difficulty should you choose to sunbathe nude in your backyard, for example. I'd suggest consulting a CA criminal defense attorney before trying something like that.

 

[Bali Hai Again]

I'm in California. I was unlucky enough to get sprayed by a skunk. Not wanting to bring the odor into the house, I took my tomato juice bath in my fenced backyard. I was fully nude. My neighbor complained that this was indecent exposure as he could see my nudity from his second story. He threatened to call the police, but he thankfully didn't. Should I be worried about being taken to court?

Not for at least 3 weeks. Tomato juice is an old wives tale and does nothing to neutralize skunk order. Simply wash with soap and water and wait for the odor to wear off. I would more worried about what you did to PO that skunk.

 

[cbg]

I have a very strong suspicion that we've seen this poster here before, under another name. I believe the last time he was obsessing over whether he had forgotten to pull his pants back up after using the rest room at work.

 

[Just Blue]

I have a very strong suspicion that we've seen this poster here before, under another name. I believe the last time he was obsessing over whether he had forgotten to pull his pants back up after using the rest room at work.

I agree!

 

[Bali Hai Again]

I have a very strong suspicion that we've seen this poster here before, under another name. I believe the last time he was obsessing over whether he had forgotten to pull his pants back up after using the rest room at work.

The worry guy! Very astute observation! I remember now.

 

[cbg]

And I believe there was one where he was concerned that someone had seen him masturbating. He seems to delight in coming up with situations in which he might "accidentally" expose himself and the odds that he might be seen.