Is there a distance beyond which public nudity is not prosecutable?

I’m usually nude at home, including outside in my yard. My nearest
neighbor is more than 200 yards away, and the nearest place to the road is
over 125 yards away. I try to take care not to be visible to the
occasional passing car or to the neighbors, but would I be subject to
prosecution if I were seen without clothes at such distances? Is there any
such thing as a ‘safe distance’? I’m in Indiana.

Asked on September 28, 2018 under Criminal Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

There is no hard and fast safe distance. As a rough rule of thumb, if you can be seen withoout the use of magnification (e.g. no binoculars or telescope) from someone standing someplace they could legally be, then you are in violation of the law. If you are safe from being seen except with magnification, you should be ok. It's essentially the "naked eye" test: when you can be seen nude by the naked eye, you are violating the law.

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