Public indecency refers to activity prohibited by the
lawLaw is a system of rules, usually enforced through a set of institutions. It shapes politics, economics and society in numerous ways and serves as a primary social mediator of relations between people. Contract law regulates everything from buying a bus ticket to trading on derivatives markets...
in many locations. Public indecency is used as a
blanket termA blanket term is a word or phrase that is used to describe multiple groups of related things. The degree of relation may vary. Blanket terms often trade specificity for ease-of-use; in other words, a blanket term by itself gives little detail about the things that it describes or the relationships...
for activities that authorities would like to prohibit but that may not be explicitly defined as prohibited. It may also be referred to as "sexual misconduct" or "public lewdness". Common incidents include
indecent exposureIndecent exposure is the deliberate exposure by a person of a portion or portions of his or her own body under circumstances where such an exposure is likely to be seen as contrary to the local commonly accepted standards of decency , and may in fact be a violation of law...
and
sexual intercourseSexual intercourse, also known as copulation or coitus, commonly refers to the act in which the male reproductive organ enters the female reproductive tract. The two entities may be of opposite sexes or not, or they may be hermaphroditic, as is the case with snails...
or
masturbationMasturbation refers to sexual stimulation, especially of one's own genitals , often to the point of orgasm. The stimulation can be performed manually, by other types of bodily contact , by use of objects or tools, or by some combination of these methods...
in public view.
In the early 1900s, women were expected to wear cumbersome dress and pantaloon combinations when swimming.
Public indecency refers to activity prohibited by the
lawLaw is a system of rules, usually enforced through a set of institutions. It shapes politics, economics and society in numerous ways and serves as a primary social mediator of relations between people. Contract law regulates everything from buying a bus ticket to trading on derivatives markets...
in many locations. Public indecency is used as a
blanket termA blanket term is a word or phrase that is used to describe multiple groups of related things. The degree of relation may vary. Blanket terms often trade specificity for ease-of-use; in other words, a blanket term by itself gives little detail about the things that it describes or the relationships...
for activities that authorities would like to prohibit but that may not be explicitly defined as prohibited. It may also be referred to as "sexual misconduct" or "public lewdness". Common incidents include
indecent exposureIndecent exposure is the deliberate exposure by a person of a portion or portions of his or her own body under circumstances where such an exposure is likely to be seen as contrary to the local commonly accepted standards of decency , and may in fact be a violation of law...
and
sexual intercourseSexual intercourse, also known as copulation or coitus, commonly refers to the act in which the male reproductive organ enters the female reproductive tract. The two entities may be of opposite sexes or not, or they may be hermaphroditic, as is the case with snails...
or
masturbationMasturbation refers to sexual stimulation, especially of one's own genitals , often to the point of orgasm. The stimulation can be performed manually, by other types of bodily contact , by use of objects or tools, or by some combination of these methods...
in public view.
History
In the early 1900s, women were expected to wear cumbersome dress and pantaloon combinations when swimming. In 1907,
Annette KellermanAnnette Kellerman was an Australian professional swimmer, vaudeville and film star, writer, and advocate for the change of women's swimwear....
, an Australian swimmer, was arrested on a Boston beach for public indecency for wearing her trademark one-piece
swimsuitA swimsuit, bathing suit, togs or swimming costume is an item of clothing designed to be worn while participating in water sports and activities such as swimming, water polo, diving, surfing, water skiing, or for any activity in the sun, such as sun bathing...
. After a public outcry at the arrest, the style had become generally acceptable by the 1910s.
Background
In the fifty states of the United States, state law prohibits exposure of the genitals and/or the female breast in a public place, and may in some states require evidence of intent to shock, arouse or offend other persons. For example,
VermontThe State of Vermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd by land area, , and 45th by total area. It has a population of 621,270, making it the second least-populated state...
only prohibits "open and gross lewdness and lascivious behavior" so many forms of
public nudityPublic nudity or nude in public refers to nudity not in an entirely private context. It refers to a person appearing nude in a public place or to be seen from a public place...
are legal.
Cases
Barnes v. Glen Theatre, Inc.Barnes v. Glen Theatre, Inc., 501 U.S. 560 , is a landmark decision of the Supreme Court of the United States on freedom of speech and the ability of the government to outlaw certain forms of expressive conduct...
501 U.S. 560Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1991) is a landmark decision of the
Supreme Court of the United StatesThe Supreme Court of the United States is the highest judicial body in the United States, and leads the federal judiciary. It consists of the Chief Justice of the United States and eight Associate Justices, who are nominated by the President and confirmed with the "advice and consent" of the Senate...
on
freedom of speechFreedom of speech is the freedom to speak without censorship or limitation. The synonymous term freedom of expression is sometimes used to indicate not only freedom of verbal speech but any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
and the ability of the government to outlaw certain forms of expressive conduct. The issue was whether
IndianaIndiana is a U.S. state, the 19
th admitted to the Union. It is located in the Great Lakes region, and with approximately 6.3 million residents, is ranked 16
th in population and 17
th in population density. Indiana is ranked 38
th in land area, and is the...
's public indecency law prohibiting
total nudity in public placesPublic nudity or nude in public refers to nudity not in an entirely private context. It refers to a person appearing nude in a public place or to be seen from a public place...
violated the
First AmendmentThe First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the Congress from making laws "respecting an establishment of religion", prohibiting the free exercise of religion, infringing on the freedom of speech and infringing on the freedom of the...
.
Chief JusticeThe Chief Justice of the United States is the head of the United States federal court system and the chief judge of the Supreme Court of the United States...
RehnquistWilliam Hubbs Rehnquist was an American lawyer, jurist, and a political figure who served as an Associate Justice on the Supreme Court of the United States and later as the Chief Justice of the United States. Considered a conservative, Rehnquist favored a federalism under which the states...
said that the law was clearly within the State's constitutional power because it furthered a substantial governmental interest in protecting societal order and morality. Public indecency statutes reflected moral disapproval of people appearing in the nude among strangers in public places, and this particular law followed a line of State laws, dating back to 1831, banning public nudity.
A 21-year-old woman was ticketed in 2003 for appearing naked on the Internet. The photos were taken in a downtown bar in
Lincoln, NebraskaThe City of Lincoln is the capital and the second most populous city of the U.S. state of Nebraska. Lincoln is also the county seat of Lancaster County and the home of the University of Nebraska...
. .
Six male riders were charged with public indecency during the 2005
World Naked Bike RideWorld Naked Bike Ride is an international clothing-optional bike ride in which participants plan, meet and ride together en masse on human-powered transport to "protest oil dependency and celebrate the power and individuality of our bodies".The dress code motto is "Bare As You...
Chicago ride and later prosecuted with sentences ranging from fines and non-expungeable conviction to three months court supervision.
Legal status in India
The
Indian Penal CodeIndian Penal Code is a document that covers almost all the crime happening in the society. It is a piece of British colonial legislation dating from 1860. Now it provides a penal code for all of India including Jammu and Kashmir, where it was renamed the Ranbir Penal Code...
(IPC) is often used to charge
sex workerA sex worker is a person who works in the sex industry, specifically, a person who commercially trades in sex or sexual stimulation. The term is usually used in reference to those in the sex industry that actually provide such sexual services, as opposed to management and staff of such industries...
s with vague crimes such as "public indecency" or being a "public nuisance" without explicitly defining what these consist of.
Legal status in Scotland
Under
Scots lawScots law is a unique legal system with an ancient basis in Roman law. Grounded in uncodified civil law dating back to the Corpus Juris Civilis, it also features elements of common law with medieval sources...
, public indecency is covered by
Crimes of indecency- Introduction :Certain laws are in place in Scotland to protect the welfare of children under the age of puberty. In Scotland and in the legal sense, puberty is at the age of 12 for girls and 14 for the age of males....
.
See also
- Decency
Decency is an individual's adherence to social standards of appropriate speech and conduct.Standards of decency vary greatly depending on the cultural context...
- Indecent exposure
Indecent exposure is the deliberate exposure by a person of a portion or portions of his or her own body under circumstances where such an exposure is likely to be seen as contrary to the local commonly accepted standards of decency , and may in fact be a violation of law...
- Exhibitionism
Exhibitionism, known variously as flashing, apodysophilia and Lady Godiva syndrome, is the psychological need and pattern of behavior involving the exposure of parts of the body to another person with a tendency toward an extravagant, usually at least partially sexually inspired behavior to...
- Streaking
Streaking is the act of taking off one's clothes and running naked through a public place.-History:On 5 July 1799, a Friday evening at 7 o'clock, a naked man was arrested, at the Mansion House, London, and sent to the Poultry Compter...
- Anasyrma
Anásyrma , also called anasyrmós, is the gesture of lifting up the skirt or kilt. It is used in connection with certain religious rituals, eroticism, and lewd jokes, see e.g. Baubo. The term is used in describing corresponding works of art...
- Public nudity
Public nudity or nude in public refers to nudity not in an entirely private context. It refers to a person appearing nude in a public place or to be seen from a public place...