Say you have some very large window panes in the front of your home. Every day you decide to parade yourself in front of those windows on the inside of your home, but complete naked for all your neighbors to see. Should you be prosecuted for this?
I agree with you, but just to play devil's advocate, what if I'm naked outside of my house on my property? What if I'm parading in front of my house completely naked, but still on my property? Let's also assume I'm in a densely populated neighborhood. Should this be illegal? If so, why does the window make such a difference? I'm on my property in both scenarios.
The window makes a difference because you are inside your house not making a scene. Say I'm walking with kids down the sidewalk and there's a naked man on his lawn. Impossible to ignore, right? But if he's inside his house, I probably won't even notice him, because I'm not intentionally staring at houses looking for naked people.
But why does the window make such a difference? Imagine they're very large window panes that are practically the size of the entire wall. Imagine there is no difference in visibility between being behind the window or in front of your window in your yard. Why should you be charged for one and not the other?
Because you are in your house. It's
completely acceptable to be naked inside the privacy of your own house, even if people can see you. There's no reason to be naked outside, though.
But why does the house matter? You're on your private property in both situations. Private property doesn't differentiate between house and no house. Whether you're inside or outside, you're still on your property, so why is it so different?
There has to be a reasonable expectation of privacy. A reasonable person would understand that the window does not provide privacy. Just the opposite, it makes public. You must act in good faith and with just cause according to the established standards of the community you live in. So unless that community is a nudist colony.....
But you're exposing yourself to your neighborhood. What if I walk outside naked on my private property? Is that indecent exposure? What if there's kids outside? Why does the window pane make so much difference? It's the same visibility either way.
That's why the question says *should* they be prosecuted. They should not. Unlike with a flasher in public, you can easily avoid looking at that property.
It says nothing about guests on your property, just neighbors.
Reminds me of a joke where a lady complains she can see the neighbor doing yoga naked. When cops claim it's not visible from her home she says: but it is when you climb on the roof!
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