Legalities

Is it Legal to Be Naked in My State or will the Naked Police Stop Me?
Turn that Frown Upside Down!

Can I Be Naked in my State?

Are you excited about baring your skin to the wind to enjoy some heliotherapy? I bet you’re wondering “Can I Be Legally Naked in My State?” Let’s find out!

If there is such a thing as “indecent exposure,” then consequently, there must also be such a thing as decent exposure. Decent doesn’t mean “wears clothing.” It means “of an acceptable nature.”

In almost every State, lewdness that involves nudity is what is prohibited. What many people do not stop to consider is that lewdness can also be prosecuted when a person is wearing clothing. You may find below that simply being naked in your state does not fit the legal definition for prohibiting indecent exposure.

Nonsexual Nudity is Neither Obscene no Lewd.

The word lewd is legally defined as behavior that is deemed morally impure or unacceptable in a sexual sense. If you are naked and your behavior is non-sexual, you are, by definition, not being lewd.

A few of the state laws are based on obscenity instead of lewdness. Obscenity also requires sexual activity. If you are participating in non-sexual nudity, you are, by definition, not obscene.

Top Freedom, Toplessness and
Free the Nipple

female sunbather points to a sign asking why topless sunbathing does not include her

For a period of time in the early 20th century, men and women were prohibited from presenting their nipples in public. After protests around 1937, men quickly won the right to bare their chests without prosecution. Today, it is commonplace to see shirtless, uncovered men in public. Women in all but three States (IN, TN and UT) may also enjoy this freedom. Sadly, they rarely take advantage of their right to topfreedom, due in part to social stigmatization.


If you live outside the U.S., you should check the relevant laws where you live. Also, note that local municipalities may have ordinances that override U.S. State laws.

Federal Law

There is no federal law prohibiting non-sexual nudity, though some federal departments (such as federal parks) may have codes that restrict bodily exposure. If nudity were illegal on its own, it would have been a shock to several past presidents of the United States, who routinely swam naked in public.


State Laws

Can I Be Naked in My State? Scroll or use your browser’s search feature to find your state below.
Note: The following summaries do not constitute legal advice. They are created by reverse reading individual statutes that prohibit indecent exposure in various States.

Alabama Code Section 13A-6-68 protects non-sexual nudity – including genital exposure – when the conduct is not likely to cause affront or alarm.

  • Section 45-35-20.05 provides for constitutionally protected public nudity exceptions to other statutes.

Alaska Statute 11.41.460 protects non-sexual nudity in the presence of another person when a person provides cautious attention to the potential it might have to be “offensive, insulting, or frightening,” particularly to minors under the age of sixteen.

Arizona Statute 13-1402 protects reasonable, non-reckless, non-sexual public nudity when the nudity is neither offensive nor alarming.

Arkansas Code 5-14-112 protects non-sexual public nudity – including genital exposure – when the conduct is not likely to cause affront or alarm.

  • However, Code 5-68-204 specifically outlaws the promotion of “nudism” and the rental of property or facilities that provide such promotion.

California Penal Code Section 314 protects non-sexual public nudity – including genital exposure – when the nudity is neither offensive nor annoying.

Colorado Statute 18-7-302 protects public nudity – including genital exposure – that is non-sexual.

Connecticut Statute 53a-186 protects non-sexual public nudity.

Delaware Title 11.5.1341 and 11.5.1335 protect voluntary non-sexual public nudity.

Florida Statute 800.03 protects public nudity – including genital exposure – when the nudity is non-vulgar or non-sexual.

Georgia Statute 16-6-8 protects public nudity – including genital exposure – that is non-sexual in nature.

Hawaii Statute 707-734 protects public nudity if it is not likely to cause an affront (insult).

  • Statue 712-1217 contends that only genitals (and not breasts) are defined as “lewd” and their public exposure may be subject to a misdemeanor fine if the conduct is not in the context of cult/religious nudity.

Idaho Statute 18-4116 protects natural nudity – including genital exposure – that is non-offensive and decent.

Illinois Statute 720 ILCS 5/11-30 protects non-sexual public nudity.

Indiana Statute 35-45-4-1.5 specifically criminalizes all public nudity, though a protest would likely be allowed under the First Amendment to the United States Constitution.

  • There are naturist parks operating in the state of Indiana, so it may be that enforcement of this law is lax or superseded by First Amendment rights.

Iowa Statute 709.9 protects natural nudity – including genital exposure – that is non-offensive and decent. Statute 728.5 disallows a business to allow any form of nudity on its property. A voluntary association of nude people would not constitute a business.

  • There are naturist parks operating in the state of Iowa, so it may be that enforcement of this law is lax or superseded by First Amendment rights.

Kansas Statute 21-3508 protects non-sexual public nudity.

Kentucky Statute 510.150 protects public nudity if it is not likely to cause an affront (insult) or alarm to another adult.

  • Kentucky RS 232 provides for state licensed “nudist” venues that allow nudity for “health or religious” reasons.

Louisiana Statute 14:106 protects public nudity – including genital exposure – that is non-offensive and non-sexual.

Maine Statute 854 protects public nudity if it is not likely to cause an affront (insult) or alarm.

Maryland Code Criminal Law 11-107 protects non-sexual public nudity.

Massachusetts Statute 272:53 protects non-sexual public nudity.

Michigan Statute 750.167 protects non-sexual public nudity.

Minnesota Statute 617.23 protects natural nudity – including genital exposure – that is non-offensive and decent.

Mississippi Statute 97-29-31 protects natural nudity – including genital exposure – that is non-offensive and decent.

Missouri Statute 566.093. 1 protects public nudity if it is not likely to cause an affront (insult) or alarm.

Montana Statute 45-5-504 protects public nudity if it is not likely to cause an affront (insult) or alarm.

Nebraska Statue 28-806 protects public nudity if it is not likely to cause an affront (insult) or alarm.

Nevada Statute 201.220 protects non-sexual nudity – including genital exposure – that is non-offensive and decent.

New Hampshire Statute 645:1 protects public nudity if it is not likely to cause an affront (insult) or alarm.

New Jersey Statute 2C:14-4 protects public nudity if it is not likely to cause an affront (insult) or alarm.

New Mexico Statute 30-9-14 does not protect public nudity when the genitals are exposed. Note that the statute does not criminalize the exposure of any other part of the body.

  • There are naturist groups operating in the state of New Mexico and historically, people are known to hike nude and visit hot springs nude, so it may be that enforcement of this law is lax or superseded by First Amendment rights.

New York Statute 245.01 prohibits all public nudity (except for male and female breast exposure, which was ruled permissible in 1992 by the New York Court of Appeals).

  • Despite the wholesale prohibition of “private area” nudity in the state, artistic licenses are routinely provided for full nude art features and protests in New York City.

North Carolina Statute 14-190.9 protects public nudity in areas designated for non-sexual nudity.

North Dakota Statute 12.1-20-12.1 protects non-sexual public nudity in the presence of non-minors.

Ohio Statute 2907.09 protects non-sexual public nudity if it is not likely to cause an affront (insult) or alarm.

Oklahoma Statute 21-1021 protects natural nudity – including genital exposure – that is non-offensive and decent.

Oregon Statute 163.465 protects non-sexual public nudity.

Pennsylvania Statute 3127 protects non-sexual public nudity if it is not likely to cause an affront (insult) or alarm.

Rhode Island Statute 11-45-2 protects non-sexual public nudity.

South Carolina Statute 16-15-130 protects non-sexual, decent public nudity.

South Dakota Statute 22-24-1.1 protects public nudity if it is not likely to cause offense, affront (insult) or alarm.

Tennessee Statute 39-13-511 protects public nudity if it is not likely to cause offense, affront (insult) or alarm.

  • Tennessee 36-6-304 requires that minor children at “nudist” venues must be accompanied by their custodial parents.

Texas Title 21.08 protects public nudity – including genital exposure – that is not intended to gratify the sexual desire of another person. Title 9.42.10 protects public nudity that is not reckless in a person’s intent to cause offense or alarm.

Utah Statute 76-9-702 protects non-sexual public nudity if it is not likely to cause an affront (insult) or alarm.

Vermont Statute 2601 protects non-sexual public nudity.

Virginia 18.2-387 protects public nudity that is not intended to gratify the sexual desire of another person.

  • VA Code 35.1-18 provides licensure for “nudist” venues, so long as they are not used for “juvenile camps.”

Washington Statute 9A.88.010 protects public nudity if it is not likely to cause offense, affront (insult) or alarm.

West Virginia Statute 61-8-9 protects public nudity if it is not likely to cause offense, affront (insult) or alarm.

Wisconsin Statute 944.20 protects non-sexual, decent public nudity.

Wyoming Statute 6-4-201 protects non-sexual public nudity.

In this article, we hope you found the answer to the question of if you can be naked in your state. This page is intended for educational purposes and not as legal advice, but if you found it useful, feel free to share it with others!

Is it legal to be naked in my state?