Approve the Cookies
This website uses cookies to improve your user experience. By using this site, you agree to our use of cookies and our Privacy Policy.
OK
Index  •   • New posts  •   • RTAT  •   • 'Best of'  •   • Gallery  •   • Gear  •   • Reviews
Guest
New posts  •   • RTAT  •   • 'Best of'  •   • Gallery  •   • Gear  •   • Reviews
Register to forums    Log in

 
FORUMS Photography Talk by Genre Glamour & Nude Talk 
Thread started 06 May 2010 (Thursday) 13:11
Search threadPrev/next

Legal Definitions of Indecent Exposure

 
TooManyHobbies
Goldmember
Avatar
2,734 posts
Likes: 137
Joined Mar 2006
Location: Raleigh, NC, USA!
     
May 06, 2010 13:11 |  #1

I've found that to prevent problems it helps to keep copies of "Photographers Rights", general statutes, and court decisions regarding indecent exposure to show people when they question what you are doing in public places.

For North Carolina here are some good links that explain the following vague statute with respect to private parts...

http://www.ncleg.net …apter_14/GS_14-190.9.html (external link)

§ 14‑190.9. Indecent exposure.
(a) Unless the conduct is punishable under subsection (a1) of this section, any person who shall willfully expose the private parts of his or her person in any public place and in the presence of any other person or persons, except for those places designated for a public purpose where the same sex exposure is incidental to a permitted activity, or aids or abets in any such act, or who procures another to perform such act; or any person, who as owner, manager, lessee, director, promoter or agent, or in any other capacity knowingly hires, leases or permits the land, building, or premises of which he is owner, lessee or tenant, or over which he has control, to be used for purposes of any such act, shall be guilty of a Class 2 misdemeanor.
(a1) Unless the conduct is prohibited by another law providing greater punishment, any person at least 18 years of age who shall willfully expose the private parts of his or her person in any public place in the presence of any other person less than 16 years of age for the purpose of arousing or gratifying sexual desire shall be guilty of a Class H felony. An offense committed under this subsection shall not be considered to be a lesser included offense under G.S. 14‑202.1.
(b) Notwithstanding any other provision of law, a woman may breast feed in any public or private location where she is otherwise authorized to be, irrespective of whether the nipple of the mother's breast is uncovered during or incidental to the breast feeding.
(c) Notwithstanding any other provision of law, a local government may regulate the location and operation of sexually oriented businesses. Such local regulation may restrict or prohibit nude, seminude, or topless dancing to the extent consistent with the constitutional protection afforded free speech. (1971, c. 591, s. 1; 1993, c. 301, s. 1; c. 539, s. 124; 1994, Ex. Sess., c. 24, s. 14(c); 1998‑46, s. 3; 2005‑226, s. 1.)


http://caselaw.lp.find​law.com …Cappeals0819%5C​&invol=fly (external link)

In this case the showing of buttocks was dismissed, but one judge decented with different definitions. I like the middle of the road definition that is given by the decenting judge since minors may be encountered but don't believe the strip club definition applies.

http://www.ncleg.net …pter_14/GS_14-190.13.html (external link)

Sexually Explicit Nudity. – The showing of:
a. Uncovered, or less than opaquely covered, human genitals, pubic area, or buttocks, or the nipple or any portion of the areola of the human female breast, except as provided in G.S. 14‑190.9(b); or
b. Covered human male genitals in a discernibly turgid state. (1985, c. 703, s. 9; 1989 (Reg. Sess., 1990), c. 1022, s. 2; 1993, c. 301, s. 2; 2008‑218, s. 1.)

Please note that if you take pictures of male atheletes with a hard on even though the clothing is opaque it violates this statute. I've got some swim meet shots that may not pass this test.


~ Jeff

Canon EOS-1DX & 1Ds MkIII, 20D(IR), G12, G9, G5, ... Gear List
JMM Photography ~ Discovering Art in Everyday Lifeexternal link | Model Mayhem #675060external link

  
  LOG IN TO REPLY
Cosha
Goldmember
Avatar
1,213 posts
Joined Mar 2009
Location: Wiltshire, UK
     
May 07, 2010 09:07 |  #2

Good ground work!

I sit on the fence most the time about laws and yada yada!

I get amazed with nudity to be honest, people are born everyday with out a single bit of clothing on, yet its illegal after that day to be nude :D


Oh...Hello :)

  
  LOG IN TO REPLY
cory1848
Goldmember
Avatar
1,884 posts
Likes: 1
Joined Nov 2007
Location: Kissimmee, FL
     
May 07, 2010 09:55 |  #3

"Turgid" I had to look that one up.... Could make a cool Band name...lol

So if a hard on is covered and you shoot a pic, its a violation, what about nipples that are hard?


Gear List
"Those are some mighty fine pots and pans you have, they must make a great dinner!

  
  LOG IN TO REPLY
richardyoung
Goldmember
1,643 posts
Best ofs: 1
Likes: 268
Joined Oct 2002
Location: Vegas
     
May 19, 2010 01:28 |  #4

I was told.. in a nut-shell in nevada.. there is no law that defines what is and isn't indecent exposure, but it has to do more with if someone complains.. so in theory, a girl walking down the las vegas strip in a thong could be arrested for indecent exposure because someone called the police and bitched.. however a topless girl around the vegas sign.. the police can't stop unless someone says something.. it is strange..


The Art of Erotica • In Vegas - Lets Meet (external link)

  
  LOG IN TO REPLY
BradM
Goldmember
Avatar
1,508 posts
Likes: 7
Joined Mar 2007
Location: Centralia, WA
     
Jun 20, 2010 20:02 as a reply to  @ richardyoung's post |  #5

Dissent or dissenting, when an individual or group disagrees with the majority, it is not decent or decenting.

While "liking" a dissenting opinion maybe well and good but it has no legal bearing as a decision or setting precedent. It is "losers" opinion.

And only the winners get to write history, law, and precedent.

The legal definition of indecent exposure can vary with each state and within local authorities within the states. The elements that may make it a criminal or even a civil offense can vary state to state, city or county, etc. as well. And that is only for the US.

The best legal advice on the web is this; if you don't know the answer to a legal question contact the expert, an attorney.

But if you don't know the answer to a photography question don't ask a lawyer, ask a photographer.


Shaking like a hypertensive squirrel on meth? Buy IS, cheaper than detox & it works.

www.bradmanchas.zenfol​io.com (external link)
The gear list

  
  LOG IN TO REPLY

4,675 views & 0 likes for this thread
Legal Definitions of Indecent Exposure
FORUMS Photography Talk by Genre Glamour & Nude Talk 
AAA
x 1600
y 1600

Jump to forum...   •  Rules   •  Index   •  New posts   •  RTAT   •  'Best of'   •  Gallery   •  Gear   •  Reviews   •  Member list   •  Polls   •  Image rules   •  Search   •  Password reset

Not a member yet?
Register to forums
Registered members may log in to forums and access all the features: full search, image upload, follow forums, own gear list and ratings, likes, more forums, private messaging, thread follow, notifications, own gallery, all settings, view hosted photos, own reviews, see more and do more... and all is free. Don't be a stranger - register now and start posting!


COOKIES DISCLAIMER: This website uses cookies to improve your user experience. By using this site, you agree to our use of cookies and to our privacy policy.
Privacy policy and cookie usage info.


POWERED BY AMASS forum software 2.1forum software
version 2.1 /
code and design
by Pekka Saarinen ©
for photography-on-the.net

Latest registered member is Feal like foto
863 guests, 306 members online
Simultaneous users record so far is 15144, that happened on Nov 22, 2018

Photography-on-the.net Digital Photography Forums is the website for photographers and all who love great photos, camera and post processing techniques, gear talk, discussion and sharing. Professionals, hobbyists, newbies and those who don't even own a camera -- all are welcome regardless of skill, favourite brand, gear, gender or age. Registering and usage is free.