ILNews

Court rules on 'nude in front yard' case

Michael W. Hoskins
January 1, 2008
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Though the front yard of your home may not be considered a "public place," state law prohibits you from standing there naked because that nudity would be visible from a public street or sidewalk, the Indiana Court of Appeals ruled today.

In Chad A. Weideman v. State of Indiana, No. 87A01-0801-CR-51, a unanimous three-judge panel determined that Indiana's public nudity statute, Indiana Code Section 35-45-4-1.5(c), is not unconstitutionally vague, but the state failed to present sufficient evidence to prove that a Warrick County man committed public nudity.

Weideman was charged with the Class B misdemeanor following an incident June 10, 2006. Two neighbors went out to their vehicle after dark and saw Weideman standing nude in his front yard near their fence. Shining the truck headlights at him, they saw Weideman with a look of panic or surprise on his face and he immediately dropped to the ground and rolled into a nearby ditch, then crawled back to his property. The neighbors called police and Weideman was later charged, found guilty at a bench trial, and sentenced to a year of probation.

On appeal, Weideman argued the public nudity statute was unconstitutional because the term "public place" is ambiguous or vague, so much so that "a reasonable person would not be apprised that he could not be nude under the cover of darkness in the front yard of his private residence."

The state statute provides that "a person who knowingly or intentionally appears in a public place in a state of nudity with the intent to be seen by another person commits a Class B misdemeanor." In analyzing the statute and terminology, the court opted to use a definition used by the Indiana Supreme Court in the context of the former public indecency statute of 1979 - that it means "any place where the public is invited or free to go upon special or implied invitation; a place available to all or a certain segment of the public."

While he wasn't standing in a public place when seen, Weideman did appear nude in a place where the public could see him, the court concluded.

"We conclude that the public nudity statute prohibits knowingly or intentionally being visibly nude to persons in a public place," Judge Patricia Riley wrote. "This would include being nude in your front yard or neighbor's front yard if you are visible to a sidewalk or road. Further, we conclude that the statute provides notice enabling ordinary people to understand the conduct that it prohibits, and it does not encourage arbitrary or discriminatory enforcement."

However, the court did agree with Weideman on a point that the state didn't provide sufficient evidence that he had a specific intent to be seen nude. The court reversed his conviction and instructed the trial court to enter a new judgment for a lesser misdemeanor charge, which provides for a sentence of up to 60 days.
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  1. Is this a social parallel to the Mosby prosecutions in Baltimore? Progressive ideology ever seeks Pilgrims to burn at the stake. (I should know.)

  2. The Conour embarrassment is an example of why it would be a good idea to NOT name public buildings or to erect monuments to "worthy" people until AFTER they have been dead three years, at least. And we also need to stop naming federal buildings and roads after a worthless politician whose only achievement was getting elected multiple times (like a certain Congressman after whom we renamed the largest post office in the state). Also, why have we renamed BOTH the Center Township government center AND the new bus terminal/bum hangout after Julia Carson?

  3. Other than a complete lack of any verifiable and valid historical citations to back your wild context-free accusations, you also forget to allege "ate Native American children, ate slave children, ate their own children, and often did it all while using salad forks rather than dinner forks." (gasp)

  4. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  5. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

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