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p38arover
9th September 2007, 06:54 AM
Here's a query for the coppers/lawyers amongst us.

We were discussing this at work last night.

Can one be done for indecent exposure if one is skinny-dipping or sunbaking nude in the privacy of one's own backyard if one happens to be seen by a neighbour looking over the fence (or even from their window)? (Naturally I'm talking of solid 5-6 ft high fences, not chainwire! :D )

I'm not talking of being visible from a public place, e.g., the street, etc.

I did a bit of hunting around on the 'Net but came up with nothing conclusive. Most references are from the USA where it's really weird. In some States, one can be done as a sex offender and be placed on a sex offenders' list!

(This came about after I dropped in some never-worn uniforms for another bloke., I said there were a few pairs of long pants in the bag as I never wear them. Another bloke said he wears pants as little as possible! ....and so it developed. :) )

Ron

barryj
9th September 2007, 08:38 AM
Come on Ron,

PICTURES PLEASE!

Pedro_The_Swift
9th September 2007, 08:48 AM
you want pics of Ron nude???
:eek::o

mcrover
9th September 2007, 08:49 AM
Come on Ron,

PICTURES PLEASE!

This isnt the Mud Pit and I dont really want to see pics of Ron in his Bday suit.

As far as I know, if your fences block out any veiw that your neibours would have of your backyard then you would be fine as they would have to be a peeping tom to see you BUT if they have a clear veiw of your yard from say a kitchen window then they could lay a complaint but I dont think in oz you would get chucked on a sex offenders list, probably just a copper at the door telling you to put some clothes on.

barryj
9th September 2007, 09:00 AM
you want pics of Ron nude???
:eek::o

Definitely NO, but Ron's neighbour might be OK.

It brings a new view of indecent exposure!

barryj
9th September 2007, 09:02 AM
Beware of Google Earth :eek2:.

The technology is getting better!

Ralph1Malph
9th September 2007, 09:04 AM
Chuckle, Chuckle , Chuckle,
I think it's relative.
For example, my neighbor to the left may sunbake nood as often as her early forties well kept bod will allow it, but the neighbor on my right should keep his hairy, sweaty, overweight frame covered.

:D:D:D:D:D:D

Ralph

barryj
9th September 2007, 09:11 AM
Chuckle, Chuckle , Chuckle,
I think it's relative.
For example, my neighbor to the left may sunbake nood as often as her early forties well kept bod will allow it, but the neighbor on my right should keep his hairy, sweaty, overweight frame covered.

:D:D:D:D:D:D

Ralph


OOOOOOOOHHHHH, this thread is getting ugly :o.

It reminds me of an episode of Magnum, P I that saw from Foxtel last night where someone said Higgins' former fiancé would be 40 years uglier by now.

Ralph1Malph
9th September 2007, 10:02 AM
OOOOOOOOHHHHH, this thread is getting ugly :o.

LOL,
Again relative:D:D:D:D.
You talking about my neighbor to the left, or neighbor to my right?

:p:p:p:p:p
Ralph

barryj
9th September 2007, 10:06 AM
LOL,
Again relative:D:D:D:D.
You talking about my neighbor to the left, or neighbor to my right?

:p:p:p:p:p
Ralph

You pic, then post pics :).

101RRS
9th September 2007, 10:52 AM
It would be a criminal offence to see Ron in the nik in any circumstance :o- what a orrible thought.:(

But too answer the question - I suspect yes :nazilock:

dobbo
9th September 2007, 11:07 AM
Come on Ron,

PICTURES PLEASE!

somethings just don't need photographic proof. This is one.

barryj
9th September 2007, 11:11 AM
somethings just don't need photographic proof. This is one.


Maybe Ron needs the pics, he asks for pics of everything!

Michael2
9th September 2007, 11:29 AM
As an aside : A few months ago the Victorian Gov't was preparing legislation to make it illegal to be naked on any public land. I suppose that includes taking a bath in a river in the middle of no where.

Quarks
9th September 2007, 11:42 AM
My recollection from Yr 10 commerce was that there was a case involving a man who mowed his lawns nude, and neighbours who complained. The outcome was that he was allowed to do it in his backyard, as that was considered private space, but not his front yard, since it was considered a more public space.

But having just spent the last 20 or so minutes hunting through austlii (http://www.austlii.edu) for the case in question, I can't seem to find it. Might have to go back and check my book and see if it has a reference.

And whilst "this thread is useless without pics" I don't want to see any. Ever. :)

mudmouse
9th September 2007, 11:49 AM
Short answer - Nup.

The offence of 'Indecent behaviour' or 'Wilful and obscene exposure' have to be comitted in a public place or somewhere that may be in view of a member of the public and that it would go against community standards or propriety.

eg: flashing in a park or from within your car, because you and your bits being visible from outside the car - (even though you and things in your car are not deemed to be a 'public palce'). If someone looks over a fence (what's a fence is for??) then they should expect to see a thing or things (act) conducted in the 'privacy' of someone elses home. Bad or good luck as the case may be.

There are certain legal test that have to be applied for the offence to be proven. Things like, 'deliberate', 'wilful', 'due care', and the way in which you came under notice....having the blonde next door get a visit from Police because you were offended seing her getting a tan in the buff....through 15x50 binoculars probably wouldn't cut it:D

p38arover
9th September 2007, 01:05 PM
Mudmouse's response was pretty much what I said but without a response from a member of the law (dunno if Mudmouse is :) ), I'd be loath to test it.

When I had a pool, I'd occasionally skinny dip to my wife's horror.

Re me being nekkid in pics, even my wife doesn't want to see me nekkid. :( ......

.... an as far as the neighbours go, no, they are older than me so I doubt you'd want to see them.

Right, when are we arranging a forum trip to River Island Nature Reserve? Yes, it has got 4WD tracks, it's used by 4WD mags for testing cars (Google it if you aren't sure what I'm on about). :D

Ron

mudmouse
9th September 2007, 01:10 PM
Oink:D

Andy-M
9th September 2007, 01:43 PM
Hi Ron

In Tassy it is illegal if you can be viewed from a public place:o, I am unsure if it covers another neighbours yard, but if they had to look over the fence to see you from a police point of view we would advise them not to look over the bloody fence.:nazilock:

We don't get much of it down here it gets a bit cold!

Cheers Andy.

p38arover
9th September 2007, 01:46 PM
I just noticed that from a neighbour's two storey house five houses away down another street, they could've seen me in my pool from their bathroom window (or toilet window - it's one of those high small windows :) )

In cold weather, they'd need a bloody telescope to see anything "interesting" :(

Ron

barryj
9th September 2007, 02:15 PM
I just noticed that from a neighbour's two storey house five houses away down another street, they could've seen me in my pool from their bathroom window (or toilet window - it's one of those high small windows :) )

In cold weather, they'd need a bloody telescope to see anything "interesting" :(

Ron


ooooooooh! No pictures needed!

vnx205
9th September 2007, 02:20 PM
I just noticed that from a neighbour's two storey house five houses away down another street, they could've seen me in my pool from their bathroom window (or toilet window - it's one of those high small windows :) )

In cold weather, they'd need a bloody telescope to see anything "interesting" :(

Ron
It might turn out like the little old lady who called the police to complain that the young man in the flat across the street was walking around his flat naked. The policeman looked out the window towards the flat and said. "Yes, but from here you can only see him from the waist up."
To which the little old lady replied, "I know, but if you climb up on a chair on top of the dressing table, you can see absolutely everything."

tombraider
9th September 2007, 02:30 PM
Hi Ron

In Tassy it is illegal if you can be viewed from a public place:o, I am unsure if it covers another neighbours yard, but if they had to look over the fence to see you from a police point of view we would advise them not to look over the bloody fence.:nazilock:

We don't get much of it down here it gets a bit cold!

Cheers Andy.

And who wants to see their Sister anyhow :wasntme:
(Well it IS Tassie)

landyfromanuthaland
9th September 2007, 03:03 PM
Your all deprived i think, cmon on with the pics!, I like 40 year olds

barryj
9th September 2007, 03:53 PM
Your all deprived i think, cmon on with the pics!, I like 40 year olds

What! 40 year old pics :Rolling:?

gruntfuttock
9th September 2007, 04:09 PM
There is a bloke in Wodonga who goes around most of the time in his B'day suit. I saw him once, pruning the roses with only his jocks on, but he did paint his garage in his B'day suit though, and it was visable from the road.

To be fair he is a few pennies short of the pound.

dobbo
9th September 2007, 04:16 PM
There is a bloke in Wodonga who goes around most of the time in his B'day suit. I saw him once, pruning the roses with only his jocks on, but he did paint his garage in his B'day suit though, and it was visable from the road.

To be fair he is a few pennies short of the pound.



You'd be broke too if you had to buy that much specialist paint stripper to remove the paint from the pubic region and enough cold medicine to recover from the Wadonga weather.

gruntfuttock
9th September 2007, 04:26 PM
Yeah, I know where you are comming from, but the cops don't seem to take any notice of him. (I think he is harmless).
Last time I saw him, he was mowing his lawn, he had on a pair of jocks and nothing else........like nothing, not even shoes:eek::eek: and it was NOT pretty

p38arover
9th September 2007, 04:30 PM
I mow the lawn with only a pair of shorts on - even in winter. But I do wear steel cap boots.

I'm only in shorts now - no shoes. I've just come in from gardening to have a coffee. Now I'm back to it. Bye


Ron

gruntfuttock
9th September 2007, 04:32 PM
Yeah, but I forgot to mention it was in July! and July down here is not the time to be doing that

dobbo
9th September 2007, 04:35 PM
I mow the lawn with only a pair of shorts on - even in winter. But I do wear steel cap boots.

I'm only in shorts now - no shoes. I've just come in from gardening to have a coffee. Now I'm back to it. Bye


Ron

Don't worry folks it's not a storm of biblical proportions bringing on the end of the world, tis just a shadow across the sun.

p38arover
9th September 2007, 05:23 PM
Yeah, but I forgot to mention it was in July! and July down here is not the time to be doing that

Some weeks back, it was snowing up the hill (I live at the base of the mountains). It was only a few degrees here.

My neighbour asked if I was cold as I did the gardening dressed only in shorts - no shoes, no shirt, no socks.

I wasn't.

My kids call me "Ron of the Antarctic" as all I ever wear at home is a pair of shorts. I wear shorts to work all year 'round, even at Katoomba on midnight shifts. Regrettably, unlike Frenchie, I've never been to the Antarctic.


Ron

gruntfuttock
9th September 2007, 06:00 PM
Maybe it was you Ron doing his lawn and painting his garage :D:D:D

:angel::angel:

Some people never feel the cold.

I know of a bloke who wears shorts and a singlet all year around, in Ballarat:eek::eek:

JDNSW
9th September 2007, 07:22 PM
To answer the original question - most, if not all Australian states follow the long established common law rule that nudity is perfectly OK anywhere that it is not visible from a public place.

We went through this when I was living in Melbourne - the next door neighbour complained to the police because the kids were skinny dipping in the pool. The police told them that we were perfectly legal but they ran the risk of complaints being lodged against them as peeping toms.

Note that this applies to nudity only and that some behaviour could get you into trouble if visible to the neighbours.

John

p38arover
9th September 2007, 08:01 PM
Note that this applies to nudity only and that some behaviour could get you into trouble if visible to the neighbours.

I keep that for other places! Don't tell my wife! :D

Ron

JohnE
9th September 2007, 10:11 PM
Ron it was only a matter of time before River island got mentioned again.
Did I tell you, when we were there looking for the body a few years ago,( the mutt found a piece) I got my gear off and walked around the shower block. Just to say i have done it!


john

landyfromanuthaland
9th September 2007, 10:19 PM
By saying I like 40 year olds I was referring to women, I can handle the lezzo thing but the poof thing is wrong by all standards, hairy bums and balls touching is just wrong!, a woman in her forties is in her prime, this thread has what to do with landrovers? nada is just campfire natter, if this is the sort of stuff u guys talk about around campfires, some of u may need professional help!

JohnE
9th September 2007, 10:33 PM
Its a sublimal from Ron, extolling the virtues of River Island,



john

cartm58
10th September 2007, 09:40 AM
over the years it occasionally pops on current affairs programs as people being charged with indecent exposure for nude sun bathing on their property in own back yard when viewed by neighbours who overlook their yard.

One guy got done with flashing as neighbour child was viewing him and coppers treated him as dirty old man.

I think the issue is really what does the investigating copper view of the situation as to whether you actually got charged.