Public Nudity Law and Legal Definition

Public nudity means the indecent exposure of nakedness in a public place. Nudity in the privacy of a person's home or private grounds or facilities is not public nudity. Similarly, nudity at privately owned facilities, such as fitness facilities, swimming pools, saunas, or gymnasia, nudist or naturist clubs or resorts, when nudity commonly takes place does not constitute public nudity.

Following is an example of a state statute (Michigan) defining the term public nudity. Pursuant to MCLS § 41.181 "public nudity" means knowingly or intentionally displaying in a public place, or for payment or promise of payment by any person including, but not limited to, payment or promise of payment of an admission fee, any individual's genitals or anus with less than a fully opaque covering, or a female individual's breast with less than a fully opaque covering of the nipple and areola. Public nudity does not include any of the following:

(a) A woman's breastfeeding of a baby whether or not the nipple or areola is exposed during or incidental to the feeding.

(b) Material as defined in section 2 of 1984 PA 343, MCL 752.362.

(c) Sexually explicit visual material as defined in section 3 of 1978 PA 33, MCL 722.673.

“The public nudity statute does not demean women or materially affect their equal opportunity to aspire, achieve, participate in and contribute to society based on their individual talents and capacities. That is in stark contrast to those cases where an infringement of rights or serious deprivation of opportunities has been the result of a gender-based regulation.”[ C.T. v. State, 939 N.E.2d 626 (Ind. Ct. App. 2010)].