Can You Be Arrested for Being Naked in Your Own Backyard in Texas?
I'm not going to lie. When I was growing up, my parents had a pool in the backyard and there were many times I thought about going skinny dipping. I was prepared to admit that it happened several times, then I did some research. Now I think I best plead the 5th.
With temperatures hotter this summer than just about anyone can remember, there's temptation to shed the clothes and allow what little breeze might be blowing to cool you down...everywhere. With that in mind, there are no problems with going out in your own backyard or in your own house and just going au natural, right? I mean, there are no nudist resorts in our immediate area.
Well, believe it or not, the answer here in Texas is a bit more complicated than that.
According to Brett H. Pritchard Attorneys at Law, who apparently have some experience in dealing with indecent exposure cases, it's possible to be charged, even for being naked in your own backyard. Could you imagine how much fun that lawyer commercial would be?
"If you've been caught naked in your own backyard cover up and call!" That would be so much more fun on the 10'o clock news than all those personal injury ads.
But I digress.
According to the Brett Prichard Law website, while everyone knows you can face indecent exposure charges for being naked in public, you may also be charged with the crime if you get caught exposing your naked body to the public while being on your own private property. Of course, intent to arouse must be proved. If it's accidental or you don't think anyone can see over your fence, you're probably off the hook.
Texas Penal Code 21.08 says you can face charges for exposing any part of your genitals or hind end to other people with the intent to arouse or gratify the arousal of others. But you must be reckless about whether other people might get offended or alarmed by the exposure.
Alarmed? This raises questions that I dare not even attempt to ask here.
In Texas, the definition of indecent exposure does not include female breasts. So if you flash 'em you won't be charged with indecent exposure, but you might be charged with "disorderly conduct."
The best defenses for indecent exposure charges in Texas include:
1) A Lack of intent. If the nudity was accidentally observed by others.
2) You're mentally ill.
3) Intoxication. We all know what happens to inhibition then.
4) Age. A small child will not be charged.
5) Breastfeeding. Under Texas law, women have the right to breastfeed in public. (Babies, OK? Just babies or small children. Do I really need to say that?)
If you're charged and found guilty, you face up to 80 days in jail and a fine of $2,000. After that, you'll probably have to have an Only Fans account just to pay the fines and legal fees. Incidentally, that's probably a lot safer than the alternatives if you just need to be naked.