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Date: Wed, 12 Feb 1997 15:14:04 -0800From: Morgan Woodson <morgan@powertv.com>Reply-To: morgan@powertv.comSubject: The "illegal erection FAQ"Illegal Erection FAQ version 0.99 2/12/97Frequently Asked Questions with Answers about legal definitions of nuditythat define an erect penis as nude even if covered with opaque cloth.ContentsFAQ 1) Why this FAQ? Where can I get it? Who maintains it? When is itupdated?FAQ 2) What are the common legal definitions of nudity?FAQ 3) What kind of laws incorporate nudity definitionsFAQ 4) What is the law in <country, state/province, city>?FAQ 5) So, what's the final word?FAQ 1) Why this FAQ? Where can I get it? Who maintains it? When is itupdated?I wrote this FAQ because the alt.lycra (USENET newsgroup) FAQhttp://members.iglou.com/rsg0910/lycra.faqcreated by The Invincible (invncble@best.com) and maintained by RobertGoodwin (rsg0910@iglou.com) in discussing the problem of obviouserections while wearing lycra said"...it is actually illegal in many places in North America todisplay/suggest an erection in public even if fully clothed..."This piqued my curiosity so I wrote Mr. Goodwin asking for a source ofthis information and started doing some research on my own. He said Ishould try The Invincible, but I doubted that anyone had done astate-by-state breakdown, so I decided to do my own.The rec.nude FAQ states in part 3.1:http://www.oxy.edu/~mop/rnfaqp1.html"Although there are no U.S. Federal laws prohibiting nude recreation onFederal lands except at Cape Cod, concurrent jurisdiction became thecatch phrase in the early 1980s, allowing state and local laws to beenforced by park rangers, Bureau of Land Management officers, and thelike. This insidious encroachment onto Federal turf raisesConstitutional questions and allows state and local jurisdictions tolimit or eliminate altogether many traditional sites suitable forclothing-optional recreation."Western Europe is generally more tolerant, especially of top-freebathing. Areas in public parks are specifically set aside for thepurpose of CO recreation."There are other guides for nudists about the legality of their pursuit,but they are all (as far as I've found) about real, not technicalnudity. The Naturist Legal FAQ can be found at:http://www.contra.org/lifestyles/naturist/legal.htmlI hope to post this FAQ on alt.lycra occasionally and hope to have itincorporated in the alt.lycra FAQ.It is maintained by Morgan Woodson (morganw@pobox.com) and will beupdated when I get email with corrections or supplements. Note that I'mnot a lawyer, just a curious guy and that even if you are actinglegally, going through arrest and trial to prove it will be no fun.Also note that if you are convicted on a sex offense charge (which publicindency is in many places) your community may be notified underMegan's law.FAQ 2) What are the common legal definitions of nudity?There seem to be two common legal definitions of nudity, the A whichonly includes actual exposure of skin and the B, which is moreencompassing.	 ----------THE A DEFINITION---------->From the San Jose, California Municipal code, section 10.12.030 Bhttp://www.municode.com/folio.pgi/11548.nfo?"As used in this section, "nude" means devoid of any opaque covering ofthe genitals, pubic hair, buttocks, perineum, anus or anal region of anyperson; or any portion of the breast, at or below the areola thereof, ofany female person."Section 10.12 goes on to say:"10.12.070 Display of female breasts.No female person shall, while participating in any live act,demonstration or exhibition, in any place open to the public or open topublic view, or while serving food or drink to any customer in suchpublic place:A. Expose any portion of either breast below a straight line so drawnthat both nipples and portions of both breasts which have a differentpigmentation than that of the main portion of the breasts are below suchstraight line; orB. Employ any device or covering, which is intended to simulate suchportions of the breast; orC. Wear any type of clothing so that any portion of such part of thebreast may be observed.(Prior code A7 4500.)10.12.080 Display of private parts.No male or female person shall, while participating in any live act,demonstration or exhibition, in any place open to the public or open topublic view, or while serving food or drink to any customer in suchpublic place:A. Expose his or her private parts or buttocks, or employ any device orcovering which is intended to stimulate the private parts or pubic hairof such person;B. Permit, procure or assist any person to so expose himself or herself,or to employ any such device." 10.12.030 is about "improper bathing attire" and 10.12.070 and10.12.080 is about performances (outside of a theatre) and restaraunts(essentially prohibiting topless waitresses), but you get the idea aboutthe details our elected officials can get mired in. Section 10.12.070 Ais especially bizzare because it seems to prohibit deep cleavage.Note that San Jose's law doesn't explicitly permit exposure of thebreast for the purpose of breastfeeding, though a many states have, orare enacting, amendments to public indecency laws that do. There is aweb page that summarizes these efforts:http://www.zipmall.com:80/llli/lawbills.htmThe page's basic purpose is to explain why such efforts are evennecessary:"This legislation is being enacted not because it is currently illegalto breastfeed in public, but because it is the public perception thatbreastfeeding is indecent exposure. There are no laws anywhere thatprohibit breastfeeding, or tell a mother how long she can breastfeed.Mothers have the right to breastfeed in public, and the newbreastfeeding legislation clarifies this right."Here's an excerpt about one such amendment:"FLA Senate Bill #472, 1993 Amends many criminal statutes to exclude amother's breastfeeding her baby; creates a new law stating breastfeedingmust be encouraged, and gives a mother a right to breastfeed her babyany place she has the right to be, public or private, even if the nippleis exposed during or incidental to breastfeeding."	 ----------THE B DEFINITION---------->From Indiana Code 35-45-4-1, enacted 1976, amended 1984, section 1bhttp://www.law.indiana.edu/codes/in/incode.html""Nudity" means the showing of the human male or female genitals, pubicarea, or buttocks with less than a fully opaque covering, the showing ofthe female breast with less than a fully opaque covering of any part ofthe nipple, or the showing of covered male genitals in a discerniblyturgid state.""Discernably turgid" is the key phrase here. You can find thisboilerplate definition in many legal codes:Santa Monica, California's Municipal code 9.44.030 10 C states:http://www.ci.santa-monica.ca.us:80/city/municode/"For purposes of this section Specified Anatomical Areas are: 1. Less than completely and opaquely covered	(a) Human genitals, pubic region;	(b) Buttock; and	(c) Female breast below a point immediately above the top of theareola; or 2. Human male genitals, less than completely and opaquely covered,or human male genitals in a discernably turgid state, even if completelyand opaquely covered."In this, case, though, the code is referring to anatomical areas indefining "Sexual Encounter Center," "Sexual Paraphenalia Store," "AdultModel Studio," etc. and is actually part of the Planning and Zoningcode. I'll get to the different kinds of laws that use this kind ofdefinition in part three of the FAQ. I've quoted a second law here justto demonstrate how the boilerplate language tends to appear.FAQ 3) What kind of laws incorporate nudity definitions?There are three types of laws that I've found about illegalnudity,sometimes including a covered erection as a definition of nudity:1) Public indency or lewdness. This is sometimes as simple as exposinggenital, breasts and buttocks in public, but some laws require thatthere the exposer has a sexual intent or that the viewer is annoyed oraroused for the act to be declared illegal. Some laws requiremanipulation or stimulation of the genitals or breasts of the exposer todeclare the act illegal.The definition of public is as tricky as that of nudity. Some of theselaws require that the exposure must be viewable from a publicright-of-way (though the exposer could be on private property behind anuncovered window) but some include publicly accessible buildings. Mostreserve the latter for the next type:2) Obscenity in performances. These kind of laws seem to be designed toregulate strip clubs (bawdy houses). Some try to distinguish betweennudity in "theatrical and dance" performance and those "lacking seriousliterary, artistic, political, or scientific value."Some of these laws ban "sexual display" outright. Most of the laws arein the Planning and Zoning section and prevent strip clubs fromoperating in certain zones or within 500 feet of a church, school, etc.Some laws are part of liquor board codes; in California, nude dancingestablishments cannot serve alcohol.3) Obscenity in printed or videotape form. Few of these laws preventsuch material outright. Most either confine the establishments thatsell it to certain planning zones. There are a lot of laws that makedistributing "obscene" materials to minors or not taking care to keep itfrom them illegal. There are also many laws preventing childpornography, some of which include simulated sex as prohibited.FAQ 4) What is the law in <country, state/province, city>?This is a somewhat random sampling of codes available on the web. I'mconcentrating on definitions that include a covered tumescent member asnudity except in Northern California, where I'm interested in all publicindecency laws. I will continue to research the issue, but I intend toconcentrate on the U.S.A. I'll include links to any codes people emailme the URLs to. If you find a code in paper form that isn't availableon the web, email me for my postal address, send it to me (if you'rethat interested) and I'll type it in.Note that many local laws are not searchable from Excite, Alta Vista,Yahoo and the like because they're hidden behind search engines on theweb page that contains them (California's pagehttp://www.leginfo.ca.gov/calaw.html is like this). I haven't found adirectory of municipal and state code web pages yet (except for thingslike http://gamma.rollanet.org/gov/other.html#other). If I do, it'll beeasier to visit each page and search for the appropriate statutes. Fornow, the best way to find these laws is with the keywords "discernablyturgid" or "lewd AND expose." Public is usually either a stopword (toocommon to be indexed) or too common to be useful. Indecent in theCalifornia state codes includes smelly water (indecent to the senses).Right now, I'm including any nudity definitions I find with quotes orcomments to explain their context, but if this list grows, I'll have tocome up with a two dimensional matrix of code type (public display,public performance or obscene material) vs. location.+Californiahttp://www.leginfo.ca.gov/calaw.html314. Every person who willfully and lewdly, either: 1. Exposes hisperson, or the private parts thereof, in any public place, or in any placewhere there are present other persons to be offended or annoyed thereby;or, 2. Procures, counsels, or assists any person so to expose himself ortake part in any model artist exhibition, or to make any other exhibitionof himself to public view, or the view of any number of persons, such asis offensive to decency, or is adapted to excite to vicious or lewdthoughts or acts, is guilty of a misdemeanor.+Riverside, Californiahttp://www.co.riverside.ca.us:80/depts/brdofsup/ords/743.htmORDINANCE NO. 743.2[...]p. "Specified Anatomical Parts" shall mean:1. Less than completely and opaquely covered human genitals, pubic hair,buttocks, natal cleft, perineum, anal region, pubic hair region, orfemale breast below a point immediately above the top of the areola; or2. Human male genitals in a discernably turgid state, even if completelyand opaquely covered.[in reference to sex-oriented businesses]http://www.co.riverside.ca.us:80/depts/brdofsup/ords/543.htm[Riverside also prohibits nude waitrons and entertainers in places thatserve alchohol.]+Santa Monica, Californiahttp://www.ci.santa-monica.ca.us:80/city/municode/C. For purposes of this section Specified Anatomical Areas are: 1. Less than completely and opaquely covered	(a) Human genitals, pubic region;	(b) Buttock; and	(c) Female breast below a point immediately above the top of theareola; or 2. Human male genitals, less than completely and opaquely covered,or human male genitals in a discernably turgid state, even ifcompletely and opaquely covered.[Refers to zoning of adult entertainment uses.]+San Jose, Californiahttp://www.municode.com/folio.pgi/11548.nfo?Part 2 IMPROPER BATHING ATTIRE10.12.030 Nudity prohibited where -- Nude defined.A. No person over the age of ten years shall be nude and exposed topublic view in or upon any public right-of-way, public park, publiclands, or in or upon any private property open to public view from anysuch park, right-of-way or public property; provided, however, that thissection shall not apply to live theatrical performances conducted in atheater, concert hall or similar establishment, which said performancesshall be covered by Part 4 of Chapter 10.12 of this code.B. As used in this section, "nude" means devoid of any opaque coveringof the genitals, pubic hair, buttocks, perineum, anus or anal region ofany person; or any portion of the breast, at or below the areolathereof, of any female person.+Southington, Conneticuthttp://southington.com/zoning/Section2.htmSpecified Anatomical Areas Means:1. Less than completely and opaquely coveredA. Human genitals, pubic region;B. Buttock; orC. Female breast below a point immediately above the top of the areola;and2. Human male genitals in a discernibly turgid state, even if completelyand opaquely covered.[refers to Adult Cabarets in a zoning ordinance]+FloridaFlorida Statueshttp://www.leg.state.fl.us/statutes/index.htmlhttp://www.scri.fsu.edu/fla-leg/statutes_new/1995/CHAPTER_847_001.html847.001 Definitions(5) "Nudity" means the showing of the human male or female genitals,pubic area, or buttocks with less than a fully opaque covering; or theshowing of the female breast with less than a fully opaque covering ofany portion thereof below the top of the nipple; or the depiction ofcovered male genitals in a discernibly turgid state. A mother'sbreastfeeding of her baby does not under any circumstance constitute"nudity," irrespective of whether or not the nipple is covered during orincidental to feeding.[This is about obscene material.]http://www.scri.fsu.edu/fla-leg/statutes_new/1995/CHAPTER_800_03.html800.03 Exposure of sexual organs. ---It is unlawful to expose or exhibit one's sexual organs in public or onthe private premises of another, or so near thereto as to be seen fromsuch private premises, in a vulgar or indecent manner, or to be naked inpublic except in any place provided or set apart for that purpose.Violation of this section is a misdemeanor of the first degree,punishable as provided in s. 775.082 or s. 775.083. A mother'sbreastfeeding of her baby does not under any circumstance violate thissection.History: s. 1, ch. 7360, 1917; RGS 5445; CGL 7588; s. 1, ch. 61-51; s.779, ch. 71-136; s. 3, ch. 93-4.["naked" is not defined here. I couldn't find a specific definition.]+Clearwater, Floridahttp://www.contra.org/lifestyles/naturist/legal.htmlSection 21.13 of the Code of Ordinances| (c) "Nude" means the showing of:| 1. Human male or female genitals or pubic area with less| than a fully opaque covering; or| 2. Any portion of the anal cleft or cleavage of the male or| female buttocks. Attire that is insufficient to comply with this| requirement includes, but is not limited to, G-strings, T-backs,| thongs and any other clothing or covering that does not completely and| opaquely cover the anal cleft or cleavage of the male or female| buttocks; or| 3. The portion of the human female breast directly or| laterally below a point immediately above the top of the areola with| less than a fully opaque covering; this definition shall include the| entire lower portion of the human female breast, but shall not include| any portion of the cleavage of the human female breast exhibited by a| dress, blouse, shirt, leotard, bathing suit, or other clothing,| provided the areola is not exposed; or| 4. Human male genitals in a discernibly turgid state, even| if completely and opaquely covered.| (2) It shall be unlawful for any person to knowingly or| intentionally appear, or cause another person to appear, nude in a| public place or in any other place that is readily visible to the public+Indianahttp://www.law.indiana.edu/codes/in/incode.html IC 35-45-4-1 Sec. 1. (a) A person who knowingly or intentionally, in apublic place:(1) engages in sexual intercourse;(2) engages in deviate sexual conduct;(3) appears in a state of nudity; or(4) fondles the genitals of himself or another person; commits publicindecency, a Class A misdemeanor. (b) "Nudity" means the showing of the human male or female genitals,pubic area, or buttocks with less han a fully opaque covering, theshowing of the female breast with less than a fully opaque covering ofany part of the nipple, or the showing of covered male genitals in adiscernibly turgid state.+Akron, Ohiohttp://www-hep.phys.cmu.edu:8001/~brahm/Legal/case_akron.txt	 {2}Akron's public indecency ordinance now provides:	 (A) No person shall knowingly or intentionally, in a public	 place:	 (1) Engage in sexual intercourse;	 (2) Engage in deviant sexual conduct;	 (3) Appear in a state of nudity; or	 (4) Fondle the genitals of himself or another person.	 	 (B) For the purpose of this section only, the following	 definitions shall apply:	 "Nudity" means the showing of the human male or female	 genitals or pubic area with less than a fully opaque	 covering, the showing of the female breast with less than a	 fully opaque covering of any part of the nipple, or the	 showing of the covered male genitals in a discernibly turgid	 state.	 	 "Public Place" means any street, sidewalk, right of way and	 any public or private building or place where the general	 public is invited.This is a quote in a case history. I believe the section quoted isSection 133.06 of the Akron City Code.+South Carolinahttp://www.law.sc.edu:80/opinions/24567.HTMFn.3 See S.C. Code Ann. 16-15-130 (Supp. 1995) (unlawful for aperson to wilfully, maliciously, and indecently expose his person in apublic place); S.C. Code Ann. 16-15-365 (Supp. 1995) (unlawful for aperson to wilfully and knowingly expose private parts in a lewd andlascivious manner in presence of another person); S.C. Code Ann.16-15-305(B), -305(C) (Supp. 1995) (defining obscenity in part asdepicting sexual conduct in patently offensive way, sexual conductincluding "lewd exhibition, actual or simulated, of the genitals, pubichair, anus, vulva, or female breast nipples including male or femalegenitals in a state of sexual stimulation or arousal or covered malegenitals in a discernably turgid state").+Texashttp://www.neurotech.net/~Cop_Shop/title9.htmlSection 43.21, Subchapter B on obscenity(a) In this subchapter:(1) "obscene" means material or a performance that:(A) the average person, applying contemporary community standards, wouldfind that taken as a whole appeals to the prurient interest in sex;(B) depicts or describes:(i) patently offensive representations or descriptions of ultimatesexual acts, normal or perverted, actual or simulated. including sexualintercourse, sodomy, and sexual bestiality;or(ii) patently offensive representations or descriptions of masturbation,excretory functionssadism, masochism, lewd exhibition of the genitals, the male or femalegenitals is a state ofsexual stimulation or arousal, covered male genitals in a discerniblyturgid state or a device designed and marketed as useful primarily forstimulation of the human genital organs; and(C) taken as a whole, lacks serious literary, artistic, political, andscientific value.[This is in reference to obscene materials.]+Plainview, Texashttp://www.texasonline.net:80/city/http://www.texasonline.net:80/city/bldcode/nuisance.txtSec. 16-9. Display of sexually explicit material to persons underthe age of seventeen.	It shall be unlawful for any owner, operator or manager ofa business establishment open to persons under the age ofseventeen (17) years, to display or allow to be displayed a book,pamphlet, newspaper or magazine, the cover of which depicts:	(a) Human sexual intercourse, masturbation or sodomy;	(b) Fondling or other erotic touching of human genitals,pubic region, buttocks or female breasts;	(c) Less than completely and opaquely covered humangenitals, buttocks or that portion of the female breast below the topof the areola; or	(d) Human male genitals in a discernably turgid state,whether covered or uncovered; in a manner calculated to arousesexual lust or passion for commercial gain, or to exploit sexual lustor perversion for commercial gain.	For purposes of this section "display or allows to bedisplayed" shall mean visible to the public eye either while (thematerial is) in or on the newsrack or after (its) removal from thenewsrack. (Ord. No. 78-2249, 1, 9-12-78)+Washington Statehttp://www.justnet.com.sg/KY/zines/kill18.html4.(4) "Sexual excitement" means the condition of human male or femalegenitals when in a state of sexual stimulation or arousal; or thedepiction of covered male genitals in a discernibly turgid state.[This is from House Bill 2267, Section. I don't know if the billpassed, but it's another example of the illegal erection boilerplate.It's a law about obscene materials]FAQ 5) So, what's the final word?So, the only places I've found where it's illegal to walk around (as opposed to dance around on stage in a nice part of town or appear in amagazine that's shown to a kid) with an erection are Clearwater, Florida,the whole states of Indiana and South Carolina and Akron, Ohio. I'm surethere are more laws, probably in the regions of the U.S. where I'vealready found some, but the fact that tiny municipalties can enact suchcodes based on "community standards" means that there will be spots allover the place, so check your local laws before you get stiff on MainStreet.