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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  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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