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Texas Nudists and Resorts Understanding Nudity Laws in Texas
| I researched this online as best as I could and I am even more confused now than before. Austin is mentioned as far as top-free but then it gets confusing again. Anybody got an idea about this? If I go to a little drive through mini-mart type place, nude, stay im my car, not doing anything sexual (just buying milk and bread), am I violating the law? I live in Hidalgo County. Thoughts please. | |
| Appreciate your input and thoughts. Murky is a good word to use on trying to interpret it and you are right about attaching it to lewd acts. That is exactly the way I read it too. It would be nice to get AANR to try to get some definition but that probably won't happen until somebody gets arrested and that is not a good thing in Texas. Are there any willing persons out there? Any thoughts on getting AANR involved? | |
| I will go nude anywhere, BUT have always been careful any never arrested. Sorry but cant volunteer for that one....:) It would be nice to have a solid law that is understandable with no grey area.... | |
| I can't help you personally, but you might ask TxAg about this. He used to be a cop. I don't know if he reads these but he's in chat fairly often as you may have noticed. | |
| the following is copied directly from the Texas Penal code and I include it here to further murk up the water, or maybe even clear it some? : Penal Code Title 9, Section 42.01 Disorderly conduct: public nudity. (a) A person commits an offense if he intentionally or knowingly: ... (12) exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act. (c) For purposes of this section: (1) an act is deemed to occur in a public place or near a private residence if it produces its offensive or proscribed consequences in the public place or near a private residence; ... (d) An offense under this section is a Class C misdemeanor unless committed under Subsection (a)(9) or (a)(10), in which event it is a Class B misdemeanor. Penal Code Title 9, §21.08. Indecent exposure. (a) A person commits an offense if he exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present who will be offended or alarmed by his act. (b) An offense under this section is a Class B misdemeanor. ____________________ TEXAS STATE PARKS Texas Administrative Code TITLE 31 NATURAL RESOURCES AND CONSERVATION PART 2 TEXAS PARKS AND WILDLIFE DEPARTMENT CHAPTER 59 PARKS SUBCHAPTER F STATE PARK OPERATIONAL RULES RULE §59.131 Definitions The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (13) Public place--Any place to which the public or a substantial group of the public has access. In the state park system areas that are not considered a public place are cabins, screened shelters, recreation halls, group barracks, lodges, tents, campers, trailers, motor homes, or any vehicle(s) that are used as camping equipment. (14) Public nudity--To disrobe or appear nude in public. Females are considered to be disrobed when their breasts below the top of the areola are exposed except when nursing a baby. (15) State park--A park, park site, historical park, natural area, recreational area or fishing pier, administered, operated, or managed by the department. RULE §59.134 Rules of Conduct in Parks ... (b) Use of facilities. It is an offense to: (1) use an area or facility for any purpose contrary to its designated purpose ... (h) Nudity and disrobing. It is an offense to appear nude. (i) Closed area. It is an offense to: (1) prevent or interfere with development, construction, or management of a state park; and (2) enter or remain in an area of a state park that has been closed by the director for any reason, including security, safety, preservation, or restoration. (m) Responsibility for minor children. It is an offense to permit a child or ward to violate a regulation when such child or ward is under 17 years of age. _________________________________________________ YOUTH CAMPS Texas Administrative Code TITLE 25 HEALTH SERVICES PART 1 DEPARTMENT OF STATE HEALTH SERVICES CHAPTER 265 GENERAL SANITATION SUBCHAPTER B TEXAS YOUTH CAMPS SAFETY AND HEALTH RULE §265.22 Nudity Prohibited A youth camp may not allow campers or staff to be nude except when bathing, showering, changing clothing, or receiving medical care. Source Note: The provisions of this §265.22 adopted to be effective April 16, 2006, 31 TexReg 3049 RULE §265.26 Civil Penalties and Injunctions (a) A person violating the Act or a rule or order adopted under the Act is subject to a civil penalty of not less than $50 or more than $1,000 for each act of violation. (b) If it appears that a person has violated, is violating, or is threatening to violate the Act or a rule or order adopted under the Act, the department may bring a civil action in a district court for injunctive relief, a civil penalty, or both. (c) The district court, upon finding that the person is violating the Act, or a rule or order adopted under the Act, shall grant injunctive relief, assess a civil penalty, or both, as warranted by the facts. (d) The department may petition a district court for a temporary restraining order to immediately halt a violation or other action creating an emergency condition if it appears that a person is: (1) violating or threatening to violate the Act or a rule or order adopted under the Act; or (2) taking any other action that creates an emergency condition that constitutes an imminent danger to the health, safety, or welfare of campers, staff or visitors at a youth camp. (e) An action under this section may be brought in the county in which the defendant resides or in which the violation or threat of violation occurs. (f) If an action for injunctive relief under this section is granted by the court, the court may grant any prohibitory or mandatory injunction warranted by the facts, including temporary restraining orders, temporary injunctions, and permanent injunctions. The court shall grant injunctive relief without a bond or other undertaking by the department. (g) An appellate court shall give precedence to an action brought under this section over other cases of a different nature on the docket of the court. Source Note: The provisions of this §265.26 adopted to be effective April 16, 2006, 31 TexReg 3049 I also included thew ordinances pertaining to youth camps and State parks...as you can see by the actual law as written, simply being nude isn't an offense in most instances, as the law states that the person appearing nude is doing so in a reckless manner to offend and\or arouse another...the original intent here was to 'protect' people using public restrooms, showers, etc. from prosecution under these laws, but the actual reason for it being written that way is simply because it's not plausible to deem human beings as naturally offensive or obscene. Note further that the wording of the law is gender-specific in almost every aspect, so is the female actually exempted from most occurences of nudity under these laws? My personal opinion is that all of these laws can probably be beaten in court by simply challenging the arresting officer to prove your intent, that you WERE trying to arouse, offend, or sexually gratify another as required under the law. Probably the best question to pose the officer before the judge would be something to the affect of: 'when did you read my mind and why, where did you learn to read minds and what are your legal qualifications for doing so, why did you read my mind as i wasn't erect, acting in a lewd or suggestive manner, etc., and, finally, since you decided it to be your duty to invade the privacy of my head at that time, what exactly was I thinking?' Once a response to a question of that nature is given by the peace officer, I'd then have to ask him to prove beyond ALL doubt that those WERE my thoughts and intentions, and that they WERE indeed the only ones in my head at the time. I'd then ask for a dismissal based on no conclusive or scientific evidence or credible testimony from the arresting officer. As for the question about going through as drive-up window in your own vehicle nude, there isn't anything clear other than it definitely WOULD be a violation if the owner of the private property where the business is has posted signage and\or made it otherwise publicly known that nudity isn't allowed at the establishment. The reason this becomes an offense has nothing to do with nudity but solely on the fact that we are a respecter of the right to private property and, therefore, are required to respect the property holder's wishes. So, presumably, you could be charged with criminal trespass for dis-obeying the owner's wishes. You most likely need to ask a Texas lawyer about this to be sure, or look up those ordinances yourself. One thing I do know about this law is that, when I lived in Texas in the late 70's, I was charged by a Richardson cop for being 'publicly nude'. I was. But the circumstances were that a fire alarm went off in the apartment building I was sleeping in at the time, and I sleep nude, my first thoughts weren't about covering my 'anus or genitals', they were of getting my wife and daughters out of the building safely. That case was dismissed because of the circumstances. Another thing about the wording: Notice that the Penal Code clearly states 'expose'...I had this recently at a convenience store off I-10 at Winnie, TX, when I was wearing my see-through swim trunks. There was a sheriff in the store that wanted to charge me for 'exposing' myself in the store. I explained to him, successfully, that I WASN'T exposed, nor was I exposing myself, everytthing that is required to be covered under the TX law was covered, it was just visible if you chose to look. He said he should still cite me for it, as my 'intent' was to break the law. I told him my 'intent' was to go on down to the beach and 'tan-through' the suit, and that my intent wasn't really his business, anyway. His response to that was that I shouldn't get smart with the law, i responded i wasn't, i was merely stating the obvious fact that since we were complete strangers, and mind-reading still isn't a court-accepted, legally-accepted practice, that he couldn't possibly know my intent. I further pointed out to him that none of the customers nor the girl at the register seemed to mind about my attire, that he was the only one with the beef about it...and, since the convenience store is on private property, he was the only one making an issue, he'd need a complaint from an employee or the owner to proceed with the citation anyway. So, now everyone is probably more confused than ever, right? | |
| Damn Dewd.. Your lucky you didn't get billy-club to death in front of all the customers at the store. | |
| hmmmmmm...never even thought about that...it's something to take under consideration next time i go to the beach, then. i guess that's the price we pay for giving up our rights to our own bodies? | |
| One thing I've noticed is that ever since Texas passed an Equal Rights Amendment, the nudity laws have been the same for men and women, and there was no reference to female breasts in the definition of nudity. Recently an ordinance related to state parks seems to have slipped in a stipulation requiring females to keep their breasts covered. I think this is a violation of the ERA and would probably be found unconstitutional if anyone were brave enough to challenge it in court. If a woman were topless at her home or a public beach or some other public place, it would probably not be violating any laws against nudity, but sometimes police, by broadly interpreting vaguely worded laws, can find other excuses for arresting people, such as creating a disturbance. One thing I've noticed over the years is that the police are not always knowledgeable about the law. For instance, my brother once heard a policeman scolding a young man for driving through a flashing yellow traffic light without stopping. The young man said he thought a flashing yellow light meant "caution" (which it does), and the policeman told him that it is "just like a stop sign" (which it isn't). I used to know a woman who would hang out on the porch of our apartment topless, and nobody complained, even though it faced a busy street. If someone had been distracted by her and had a wreck, she might have been charged with something. I used to go nude at a certain cove in Pace Bend Park many years ago and the police would never bother any one. The last time I went there they didn't allow full nudity anymore, but they did allow toplessness. I was floating on a raft, naked and unaware of the new policy, and a policewoman came up to me on a motorboat and told me to put my pants back on, but she didn't give me a ticket or arrest me. | |
| Maybe this has already been addressed and I missed it, but how is the best way to find out nudity laws in your area?? I have a privacy fence around my area and I live outside the city limits. Any Ideas?? | |
| It might be a good start to google "nudity laws your state, county, or municipality" | |
| Doesn't work... that's the reason for the post. Does it seem to everybody that Law leaves this important type of information unavailable just so they can make up their minds when they encounter it? This is the scary part about all this. What do y'all think? | |
| What the law says and what the executive branch of government (cops) actually know is usually two different things. If you want to get the word of the law, go here... http://www.nudistlaw.com From there, look up your state for specific chapters and sections dealing with nudity. If you are ever in a location that you believe may at any chance ever have an encounter with a police officer (even your own back yard if you have nosy neighbors), then it may be handy to keep a printout of what the law actually says should you ever be questioned. Not just about nudity, but people are arrested all the time for stuff that is NOT illegal. It's a hassle but it gets dismissed in court every time. However, if we as citizens don't exercise our freedoms due to fear of an over-reaching government, then we've lost our freedom already. "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants" - Thomas Jefferson | |
| Thanks Sanman, I went to that site and this is what it says for the state of Texas; Title 9 Section 21.08, Indecent Exposure. (a) A person commits an offense if he exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present who will be offended or alarmed by his act. Title 9 Section 42.01, Disorderly Conduct. (a) A person commits an offense if he intentionally or knowingly: (1) Exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act. Just in case anyone doesnt want to take the time to look it up for themselves. Thank again. | |
| Good Info... Thanks Sanman & TxPopi Is there anybody our there who has had an experience with the law? Ladies, topless issues? | |
| Great! Let us know what they have to say. It is always good to hear it from a law enforcement standpoint. I agree with you, there is still murkiness within the laws. Maybe we can get a coalition of Texas folks to team up with the TNS Action team to try to clean up the murkiness. What say y'all? | |
| SInce this thread I think the topless law has changed for females. I know there was a new law passed saying youre allowed to breastfeed anywhere in public and I believe that law also clarrified that breasts are not nude. I haven't paid a lot of attention to it. Its all stupid to me. The key thing I know though is just ask yourself if anyone can complain. If they do, you will likely be arrested. | |
| I was wondering if anybody had any new information or news on this topic. I was hoping things might loosen up a bit before I get back to TX this coming winter. Anybody got something to share? | |
| Inside a Texas State park, there are more restrictive rules on nudity, and particularly on women's breasts. But everywhere else in Texas, there is technically no law against women's breasts being exposed, but there may be some city ordinances about such, so you have to check each location you go. However, there is specific Texas statewide law that overrides any city or state park rule against a woman's exposed breast if she is nursing a child. When one get's to reading laws, so many things start sounding so silly or down right stupid, yet we the people put up with a small group of sociopaths making laws to controll our daily lives. This is anti-constitutional on it's foundation! "The Constitution is not an instrument for the government to restrain the People, it is an instrument for the People to restrain the government - lest it come to dominate our lives and interests." - Patrick Henry | |
| Thanks for the comment Sanman. BTW, good to have you back posting again. Anybody else havve any thoughts or info? Please chime in. | |
| You know I thank there too many laws for us nudist and I do't thank thats right. they got it where we can be be nude at a resort or in are house if we step outside and someone see us we are breaking the law. if Adam and eve would not have eat the forbidden fruit we would not have all the laws...thats what I thank.im not sure im right to feel like that some of the law or good but there so meany sayng you can't do this and can't that.oh well. | |
| While I do not understand ALL the technicality of the wording, It seems there is a lot of mumbo-jumbo in it all!! I guess we all just have to just take it on ourselves to do as we would like as far as being nude/topless!! Best of luck to ALL of you!! | |
| My own interaction with Law Enforcement is limited to my rural town in south Texas. After a citizen lodged a complaint while I was painting my house in a very minimal bathing suit. I was outside my privacy fence. I quoted the law as written in the above post, and asked the Chief if he thought I was being 'reckless'. He agreed I wasn't, and leaves me alone. I have had conversation about nudity with both the local PD and a Sheriff standing at my back door while I was naked (well inside my privacy fence). The result of that was a reminder to cover up outside the fence. I do drive everywhere nude, and use my sitting towel to cover if I need to go through a drive-up. I try not to call attention to the fact I'm naked, (drive the speed limit, use signals, and such) and haven't had any negative results. I'm sure it depends on local jurisdictions and the individual Peace Officer as to how far they would press the issue of being nude in a public situation, because the law is so vague. | |
| Does anybody have any new info or experiences with this subject? |
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