Legal Question in Constitutional Law in Colorado

nudity on privatly owned property that may or may not be partially exposed to ot

Is it illegal in the state of Colorado for a person or persons to sunbath in the nude in an area such as a fenced back yard if all or parts of said yard are exposed to view by other homes? Assuming there is no overt sexual conduct i.e masturbation, intercourse, fondling etc.


Asked on 5/17/00, 5:38 pm

2 Answers from Attorneys

Stanley Spring Stanley A. Spring, Attorney at Law

Re: nudity on privatly owned property that may or may not be partially exposed t

This is not a constitutional question. It does relate to criminal law. A nude sunbather may be criminally charged for indecent exposure if within the view of others. If however the sunbather had a reasonable expectation that s/he would not be observed, then the charge probably could not be proven.

Read more
Answered on 7/04/00, 1:35 pm
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: nudity on privatly owned property that may or may not be partially exposed t

Most states and many municipalities have laws agains public nudity. Once you are aware that someone is complaining about yours, you probably put yourself in jeopardy if you continue to show up nude in the backyard. The first time the explanation that you didn't know others could view you might protect you from prosectuion [there are greater crimes than this one], but the second time, after a warning, you could be convicted. The crime is a misdemeanor, so the penalty wouldn't be great, but repeated offenses would undoubtedly cause a more aggressive response.

You are free to use your property as you wish so long as you don't impose upon others, but in this case the imposition seems evident.

I recommend you erect a screen of some type which will permit you to sunbathe and keep you shielded from those who claim to be offended.

Good luck.

Read more
Answered on 7/05/00, 12:40 am


Related Questions & Answers

More Constitutional Law questions and answers in Colorado