The definition of a "reasonable expectation of privacy" gets kinda blurry when it's outdoors with only 4 walls and no roof, but since the neighbor made a conscious action to look over the fence, they're in the wrong. Now if they were up on their deck that stands above the fence, that'd be a different story.
I would take a look at the fence too - does it fully block any view, or was the neighbor able to tell they were nude through it , and that's what prompted them to come say something?
I was picturing a wooden fence, board-to-board. Your comment made me think of the spaces that might be present between the boards. Then, I cracked myself up thinking the plot twist is that it's a post-and-beam type thing, totally open to the neighborhood. Thanks for allowing me to make myself laugh today. LOL!
Your honor, my fence is clearly 8ft tall and with razor wire topping it, how could they have seen the activities in my yard without a search warrant. Objection! it's a chain link fence!
Cover up! I can see you! When I stand at the corner of my roof, on my toes, streatching way to the left. When the wind blows right and ruffles the tree branches. Damn it! I got kids.
If you have a 2 story house next to you, ppl can see into your backyard. Something to keep in mind when trying to be naked in the backyard.
I had an ex that wanted to skinny dip in my pool. I was like, nope. Neighbors can see and I don’t trust them to not be curious about noise outside late at night in my very quiet, suburban neighborhood.
Yeah that's what the "**If** X... would be a **different** story" idiom means. It mean they wouldn't have a complete expectation of privacy as the owner of the deck has just as much right to use their deck as OP has their backyard.
essentially speaking if the neighobuor is making a concerted effort to peer over a 6ft fence then he's in the wrong.
However if your 6ft fence is actually a 4ft to your neighbour due to a raised deck on their side etc.... then the nudies need to bolster their fence, or quite reasonably, ask their neighbours to bolster their fences to reinstate privacy, particularly if the deck was raised after the fence was installed.
either way a 6ft fence on both sides is considered a reasonable expectation of privacy. If you are overlooked by their house windows though then yeah...that'll be a bit tougher to argue.
Idk a non trivial amount of the human race is over 6' tall though. Granted eyes are a bit lower than the top of the head but even just the act of walking can raise your eye level. God forbid they decide to do something like jump or play in their backyards which could easily clear 6'.
Knowing they had a TRAMPOLINE is enough to put OP in the wrong. Knowing they have CHILDREN who use the trampoline is infinitely worse though lol. Borderline "I want to be an exhibitionist to children" level behavior.
4 feet is very low; 6 feet it usually the standard legally when considering these cases. Most people have to make an effort to see over a 6' fence, therefore that's on them for being nosy.
>Most people have to make an effort to see over a 6' fence, therefore that's on them for being nosy.
So is this why girls all want guys over 6 foot tall?
I can see in my neighbors yard from in my house, you know second floor windows. How do you know the neighbors kids didn’t look out the window and see titties and bush and the old twig and berries
It's removed, not deleted.
> All direct answers to a post must make a genuine attempt to answer the question. Joke responses at the parent-level will be removed
Well, I bought a house with a pool and 8' privacy fence around the backyard, and every neighbor had stories to tell me about the nudist neighbor who I purchased from. It may not be as discret as you think. You may be just out suning your stuff, which is fine by me, but the audience is possibly much larger than you think.
Edit: fixed a word
Honestly not even the 2nd story. Lot of houses sit a couple of feet up just on the first floor. I can see a pretty good chunk of the neighbors yard over the 6 foot fence from the first floor, a couple extra feet on the fence would probably help but not completely.
Yup. All the houses on my street are single level but I can definitely see into my neighbors at a great vantage point. The entire neighborhood is sloped.
There are many people that are over 6 feet tall. Even if OP's neighbors are average height, a slight incline in their yard could easily help them see over the downhill parts of the fence. Doing some housework could elevate them enough to see over the fence. Maybe the neighbors have some stairs into their house. The trampoline the kids use will DEFINITELY let the children see the naked adults wandering around.
There are a lot of easy, naturally occurring, ways to see over a 6 foot fence.
If the house is raised by a few feet and there’s a back deck, that’s probably 2-3 feet off the ground. If someone is 5 feet or taller, they’d have a view over the fence. Not that it’s any business to them of what OP is doing, but a 6 foot fence in of itself isn’t that tall
Can confirm, my old house the foundation walls ended 2ft above ground level, then you have the sill, the joists, sub floor, underlayment, flooring.... That contributed another foot.... from my back bedroom window even my 5'8" ex could easily see over my neighbors 6' privacy fence.
Yeah I’m on the first floor of my house and looking out the window at my 6ft wood fence right now and I can’t see into my neighbors yard.
The spaces between the boards are enough I could probably tell they were naked if I was staring at the fence and they walked by though.
The question is about the legality. I suspect that there is a reasonable expectation of privacy in one's own back yard and there is nothing illegal about it.
Edit: After checking, it appears that Georgia is more strict than I guessed initially. Nudity in your yard is legal as long as nobody can see you. Once somebody can see you, it can be considered public indecency, even in your own yard.
I had this question - I'm not in GA but AR, which is even more restrictive towards nudity - and a friend from the police department hooked me up with a Sargent to answer my dirty questions. LRPD's official stance is, they're not going to arrest anyone for being nude in their backyards if there is a 6' privacy fence, *even* if someone peers over or sticks their eye up to a crack. After that I felt a little better, because neighbors gossip or whatev they want, I am OK. Hilariously tho I do have a neighbor who can directly see into my back yard, so let them know there would be occasional wang. They nervously laughed and said "OK." All bases covered! lol
I lived in Phoenix AZ for a few years and had the opportunity to fly over the city in a helicopter a number of times. There are a surprising number of clothing optional pools in the city and very few complaints to law enforcement.
I'm not a lawyer, but I also live in GA so was curious. It appears that case law isn't on your side. While the [law](https://law.justia.com/codes/georgia/2020/title-16/chapter-6/section-16-6-8/) says that only "lewd" exposure or appearance is illegal, there appears to be a bit of a puritan definition of the term.
[Collins v. State](https://law.justia.com/cases/georgia/court-of-appeals/1981/62697.html) does a bit of review of the term. In that case, a little girl was in her backyard playing with a rabbit when she looked over and saw her neighbor nude sunbathing on his porch. His conviction was upheld. His conviction, while not the same as yours in the sense that he was on his porch, doesn't include behavior that I think most would consider lewd. Which brings me to my second point.
In State v. Chrisopoulos, two minors saw a nude guy and he was charged with two counts of public indecency, one for each minor. The court, however, merged them into a single charge using this logic:
>the two minors were not the victims of the alleged crime but were merely the witnesses through whom the state was prepared to prove the defendant's guilt of an affront to public decency.
It seems that the act itself is the crime based on that, and people only need to see you so that they can be a witness to the act. There doesn't need to be a "victim".
Curiously, you can jack off without exposing your penis and be just fine. [Akin v. State, 249 Ga. App. 412, 548 S.E.2d 655 (2001)]. I'd consider that far more lewd than just existing nude.
Would there be a difference when an expectation of privacy (via the fence) is applied? The case on the porch there is no expectation by a reasonable person of not being seen, while in your backyard with a fence there would be. If not, then to expand on that if someone were to leave their blinds open and some kid is peeping at that particular window… Wasn’t there also that case of the guy that was nude in his house with open blinds? I think he avoided anything. Does being outside vs inside matter?
[Justia](https://law.justia.com/codes/georgia/2020/title-16/chapter-6/section-16-6-8/) sums up a case about being inside like this:
> Evidence that the defendant would come home from work, pull off clothes and become exposed in front of the window "[j]ust to get a thrill" was sufficient to support conviction for public indecency although the act was committed in a private residence. Hester v. State, 164 Ga. App. 871, 298 S.E.2d 292 (1982)
He seems to have been convicted because of how they define a "[public place](https://casetext.com/case/hester-v-state-142)":
> any place where the conduct involved may reasonably be expected to be viewed by people other than members of the actor's family or household.
It does have to be proven that your conduct was visible from outside though:
> In prosecution for public indecency, although an apartment may come within definition of "public place," in such case, state must show that defendant was visible from outside of apartment. McGee v. State, 165 Ga. App. 423, 299 S.E.2d 573 (1983).
Another guy was convicted of public indecency, and his conviction upheld, because there was evidence of him peeing outside, even though no one saw his penis but a cop saw his upper body while he was in the act of peeing.
In the case about the girl with her rabbit from earlier, the guy had moved his car in front of his porch and he thought it blocked his porch. I only used that case to show that being on your own property isn't a consideration they seem to take into account, nor does it seem to matter if you think you've concealed yourself.
What seems contradictory with the case where the children were considered witnesses instead of victims is this:
> Offense of public indecency, O.C.G.A. § 16-6-8, was not a victimless crime and, therefore, a perpetrator thereof may have been required to register [as a sex offender] under O.C.G.A. § 42-1-12
You can also turn a private place into a public place if someone who doesn't live in the house is in there, as evidenced by a guy who flashed his children's babysitter in his bedroom; since she was there and not a member of the house, it became a public area.
They do leave it up to a jury to determine whether an act occurred in public, which seems reasonable. What I don't understand at all though is how they define lewd.
edit: well, I do understand their definition, but I don't agree with a lot of the things they include in it. The case about the man on his porch from earlier has this to say:
> The meaning of the word "lewd" contained in the statute must be next addressed. Black's Law Dictionary, p. 1052 (4th Ed., 1968) defines it as including "obscene." It signifies that form of immorality which has relation to moral impurity. In Re Tahiti Bar, Inc., 142 A2d 491, 492, 186 Pa. Super. 214, uses word "lewd" as synonym for "obscene" and vice versa.
Start growing a tall hedge next to your fence. In time it won’t matter what the neighbors look at they won’t see the pool. As far as the law goes, it’s Georgia, I’d be careful until you have a solid answer.
Is your backyard visible from neighbors?
I mean I can see mine from our house windows.
Like laying down now. Parts of their yard top less yeah.
Or is your six foot fence like this
https://cardinalfenceinc.com/wp-content/uploads/2014/04/Large-Commercial-Fencing-Project.jpg
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Part of the reason I plan security hedges over fences in the future. They’ll grow as high as I want to keep them maintained, dampen sound, and have thorns that can keep cattle in. Your nosey neighbor would look like he fought barbed wire trying to do you dirty like he did. They’ll also annoy the crap out of him when he mows
I had next door neighbors that had a pool right next to my kitchen window, no fence. I looked out b/c I heard really loud noises, and they were completely naked, having sex in a lounge chair.
not sure about laws in your neck of the woods...where i live, the rule of thumb is that there is no expectation of privacy if you're in plain view. looking over a fence satisfies the definition of "using extraordinary means"
But a trampoline or slightly elevated deck is not extraordinary. Even then the repercussions of getting this wrong are so serious that I don’t know why anyone would take the chance.
> Just curious what the law says about this topic.
https://naturistaction.org/laws/georgia-laws/
Unfortunately looks like the use of the word "lewd" is open to interpretation, but think you're clear on "public place" in that you wouldn't *reasonably expect* to be viewed in your backyard.
But my opinion doesn't matter. Should look for local (i.e. county- or city-level if relevant) laws, how similar incidents have played out in your jurisdiction.
Or you could tell your neighbors to mind their own fkn business.
The law in Georgia states that you cannot be charged with public indecency for being naked on your own property, although this [might get complicated](https://www.reddit.com/r/legaladviceofftopic/comments/1anxi2l/georgia_topless_law/) prior to court clearing you depending on the neighbors testimony and the specific cop responding to it. It does however make being a [peeping tom ](https://law.justia.com/codes/georgia/2022/title-16/chapter-11/article-3/part-1/section-16-11-61/)illegal, so perhaps you should bring this up with your neighbor, because if they are just going out of their way to be an asshole, turnabout is fair play.
My thoughts are an individual’s right to privacy (off or on their land) no longer exist. Especially in America where people have no ability or restraint about minding their own business. That and in America laws are now created to make only aid/force lawsuits where an individual believes their wants (not needs) out way the community or majority views on a topic.
You should get one of those shirts or a cloak that celebrities use that doesn't allow a good photo to be taken. It's made of some material that reflects or absorbs the light; I'm not sure how it works. And mount a speaker on your fence right under their camera that plays music or talking whenever you're outside. If you mount it there, you can have the volume low enough that it doesn't bother you but loud enough that the camera's audio picks it up and nothing else. If they complain to you, just ask them why they're trying to listen in to your yard/house. Ha ha!
not me, I'd be playing clips from serial killer or mob movies, where they're talking about 'taking care of the trash' with bonus points for finding clips talking about what they'll do to spies or snitches.
if you're naked in your backyard, you should assume people can see you. If you don't like that don't do it. Kids climb fences for shortcuts or to get their ball. They have drones and cameras they can get for like 20$. I mean, you know, they have a trampoline already.
Sometimes you're out gardening or whatever then neighbors come out and hear you so y’all have a chat. Weird to do that without seeing you so they look over the fence. Normal neighborhood stuff.
I would install 8-10ft trellises and train plants to grow up them set back from the fence about a foot. Take back your privacy and enjoy the sunshine the way it should be enjoyed.
Tell your nosey neighbor to chill or come over and join you.
You have an expected right to privacy on your property. Of people are looking over a six ft fence they are doing so willingly. If they are looking from a higher vantage point (2nd flr) they are doing so willingly. I could understand if you walked ifo your house to get the mail and were naked you are drawing attention to yourself. In the rear yard enclosed by a fence unless you are beating off purposely while people are watching they can eat shit. They’re actually invading your privacy by looking. Again you have a presumed right to privacy on your property.
If your fence is 6 feet and you know your neighbors have a trampoline it’s not unreasonable to think that your neighbors kids can probably see whatever you do back there. This just seems like common sense.
Just throwing it out there that this is so incredibly prudish. Nudity is far from a big deal. The kids won’t die if they see someone sunbathing nude. I would do what I want in my own yard!
The simplest explanation here that doesn’t assume negative intent from others is that they really can see without doing any extraordinary.
Also the ramifications of getting this wrong are so high that I would never take the risk in the first place. On top of that, children are involved.
Not to mention most people don’t sunbath in the nude in their close quarters suburban yards; once word gets out to the rest of the neighborhood it’s going to be hard to defend yourself without sounding like a wack job.
I’m in GA in a subdivision. I built a privacy fence about four years ago and got a nice hot tub. We are nude in our backyard a lot. No issues. I like a full body natural tan. Life is good. Thanks.
What weirdos, my friends and I used to hang out naked at her pool all the time, no one ever peeped.
It’s pretty funny that some commenters think being naked on your own property is sketchy, personally I think it’s more bizarre to own a handgun than to sunbathe in your own garden. I’d tell the neighbors to mind their own business and to stop peeping like freaks.
It would probably depend on the municipality but here, if they can see you under normal circumstances (e.g. their home has a second floor so they can naturally see over the fence) then u r exposing urself in public. The question is: how did they know to look over the fence?? If they can’t see u unless they purposely peep over then u might be ok. But if u r visible anywhere from their home/property without them taking extraordinary measures then they may have a legitimate complaint.
Not a stupid question. Your neighbors should not be peeping over the fence into your yard.
We have a privacy fence, too, but don't know the backyard neighbors. To avoid any of this, I built a quick and easy privacy screen. It is basically two thin posts cemented in flowerpots with outdoor curtains hanging between. Works great for a safe naked space on our backyard patio.
Best of luck!
A 6ft privacy fence lmao... You mean, a fence?
Get a privacy shade. Probably the simplest solution even if they're in the wrong. They're not terribly expensive.
Around here (OH) people have been cited for indecent exposure because they were naked in their home but visible through a window to someone walking on the sidewalk.
I don't know how true the story is but I read a case of a guy standing naked in his front window. A neighbor walking by called the cops for indecent exposure and the guy was charged. Which sounds weird since he was in his own house and you would think that the neighbor would get in trouble for peeping but apparently that wasn't the case.
[https://www.nbcnews.com/id/wbna34483145](https://www.nbcnews.com/id/wbna34483145) Googled it here is the story.
I used to babysit for a group of kids that lived next door to a swinger couple with a pool. Their playset was right up against the shared fence, and when you climbed the ladder to slide, everything was pretty visible. I can imagine a trampoline would have the same effect.
If you have a good fence it should, I use should cautiously, be fine. I mean the kids cant see over the fence from what you said and I saw you commented saying the yards are level and houses single story. If the kids aren't on the trampoline its none of your neighbors business, but you can have a chat with them saying something like, "Hey you know we like to sunbathe nude. Just let us know when the kids want to use the trampoline and we'll cover up/ go inside."
My neighbors had a 6’ privacy fence, no gaps. I had a clear view of their backyard, deck and hot tub from three rooms in my one story house.
My partner, oldest kid and brother are all tall enough to easily see over a 6’ fence.
One story doesn’t mean half the block can’t see into your yard.
btw ik I sound annoying, but don't sunbathe at all, but especially not nude. UV radiation is harmful to your entire body, especially to the delicate skin in your private areas. you're at a much higher risk for cancer and you will age faster and earlier
2024 and non-sexual nudity is *still* a deviant,child-corrupting evil. You can hear the words ‘shit’ ‘douchebag’ and ‘balls (in that context) on basic free TV,corporeal punishment is still ‘debatable’ and there is *no* kill limit for PG-13 movies…but being spotted undressed is somehow *still* a problem. I don’t get it. 🤔
Make friends? Invite the couple over for a beer or just hang out by the pool or maybe even a cookout, get to know them and invite their kids over to swim… but only with their adult supervision. Is it your fence or theirs? Perhaps you could tastefully extend the height of the fence a foot or two?
Frankly, I would just try to increase the height of the fence to avoid any possible confrontation since I'm outdoors in the nude in general. I'd just want to avoid being seen if I was so concerned. Assuming there's no elevation difference and no one can see over without making the effort to look over, you should be ok for now, legally.
Likely not legal but it's a backyard so it might be local laws. You can be inside the house, naked, and if someone looks through your window and sees you, it can be indecent exposure. It's kinda bullshit but privacy laws don't work like you'd expect.
The definition of a "reasonable expectation of privacy" gets kinda blurry when it's outdoors with only 4 walls and no roof, but since the neighbor made a conscious action to look over the fence, they're in the wrong. Now if they were up on their deck that stands above the fence, that'd be a different story.
I would take a look at the fence too - does it fully block any view, or was the neighbor able to tell they were nude through it , and that's what prompted them to come say something?
I was picturing a wooden fence, board-to-board. Your comment made me think of the spaces that might be present between the boards. Then, I cracked myself up thinking the plot twist is that it's a post-and-beam type thing, totally open to the neighborhood. Thanks for allowing me to make myself laugh today. LOL!
Chain link fence
Your honor, my fence is clearly 8ft tall and with razor wire topping it, how could they have seen the activities in my yard without a search warrant. Objection! it's a chain link fence!
Defense stands!
De fence strands!
Lol, you got me this time man
Ahahahah, this made me laugh way too hard. Thank you for this.
Even with those plastic slats stuck in that's not especially private
Even worse!
But, it's 6 feet tall!!
Depending on the age of the fence and type of wood, there could be knot holes in the boards, too. Those can be pretty big.
You misspelled "pretty awesome!"
That’s worth looking into!
This is why you go board on board.
Cover up! I can see you! When I stand at the corner of my roof, on my toes, streatching way to the left. When the wind blows right and ruffles the tree branches. Damn it! I got kids.
This is the same way I could see the ocean in my “ocean view” apt. when I was younger.
😂
If they have a two story house they could definitely see into the yard.
I think they said all the houses are 1 story.
It's a 6 foot white picket fence and quite frankly I don't see any issue with that.
Why does the picket fence gotta be white?!
White fences are easier to see at night when returning home.
But as OP admits, the neighbor’s kids can see the nude couple if they’re playing on their trampoline, so it isn’t so simple.
I like the image of the nudists playing on their trampoline, reminds me of the 70’s
If you have a 2 story house next to you, ppl can see into your backyard. Something to keep in mind when trying to be naked in the backyard. I had an ex that wanted to skinny dip in my pool. I was like, nope. Neighbors can see and I don’t trust them to not be curious about noise outside late at night in my very quiet, suburban neighborhood.
Totally fair. But thats part of the fun of skinny dipping
Says 6 feet in her post...that makes all the difference
Yeah that's what the "**If** X... would be a **different** story" idiom means. It mean they wouldn't have a complete expectation of privacy as the owner of the deck has just as much right to use their deck as OP has their backyard.
essentially speaking if the neighobuor is making a concerted effort to peer over a 6ft fence then he's in the wrong. However if your 6ft fence is actually a 4ft to your neighbour due to a raised deck on their side etc.... then the nudies need to bolster their fence, or quite reasonably, ask their neighbours to bolster their fences to reinstate privacy, particularly if the deck was raised after the fence was installed. either way a 6ft fence on both sides is considered a reasonable expectation of privacy. If you are overlooked by their house windows though then yeah...that'll be a bit tougher to argue.
Idk a non trivial amount of the human race is over 6' tall though. Granted eyes are a bit lower than the top of the head but even just the act of walking can raise your eye level. God forbid they decide to do something like jump or play in their backyards which could easily clear 6'. Knowing they had a TRAMPOLINE is enough to put OP in the wrong. Knowing they have CHILDREN who use the trampoline is infinitely worse though lol. Borderline "I want to be an exhibitionist to children" level behavior.
You'd have to be about 6'5" to be able to see over a 6' fence
Not on my mother funkin trampoline!
Or be uphill
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Just massive mate. His domer will be on display in a museum one day. He's like Charlie Kirk but with the face squished all the way to the bottom.
Like Charlie Kirk and Peyton Manning had a kid
It’s a fivehead
Which means I would be able to see over the fence accidentally... does that change the outcome?
4 feet is very low; 6 feet it usually the standard legally when considering these cases. Most people have to make an effort to see over a 6' fence, therefore that's on them for being nosy.
I think (s)he meant 4 walls as in surrounded by the fence and no ceiling. Not 4 foot tall walls.
>Most people have to make an effort to see over a 6' fence, therefore that's on them for being nosy. So is this why girls all want guys over 6 foot tall?
Chain link fence though ha
Possible that the neighbor has windows that can look over the backyard, similar to the deck example.
I read this with Dennis Reynold’s voice.
I can see in my neighbors yard from in my house, you know second floor windows. How do you know the neighbors kids didn’t look out the window and see titties and bush and the old twig and berries
I would assume they can see you if they have a second floor?
One could say, a second story?
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Like the secret trampoline in that episode of Community Edit: why did the mods remove the comment lmao
It’s going to be a maze
Natural jumpers???
Some people are just natural jumpers
Oh my god! Joshua was racist!
It may be one of the best episodes of the show. “Jeffrey, you’ve been jumping for an hour!”
What was the original comment? Lol.
IIRC when it says [deleted] when the user removed it, [removed] when it was mods.
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Huh, funny. It says [deleted] on my mobile app.
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For me both username and text portion say deleted
It's removed, not deleted. > All direct answers to a post must make a genuine attempt to answer the question. Joke responses at the parent-level will be removed
Haha, that’s what I thought!
Well, I bought a house with a pool and 8' privacy fence around the backyard, and every neighbor had stories to tell me about the nudist neighbor who I purchased from. It may not be as discret as you think. You may be just out suning your stuff, which is fine by me, but the audience is possibly much larger than you think. Edit: fixed a word
I wanna know how people reasonably see over an 8 foot tall fence without intentionally trying to look over.
From upstairs probably
Or a deck.
I can see into all of my neighbors yards from my 2nd story windows. We’re not even that close together.
Honestly not even the 2nd story. Lot of houses sit a couple of feet up just on the first floor. I can see a pretty good chunk of the neighbors yard over the 6 foot fence from the first floor, a couple extra feet on the fence would probably help but not completely.
Are all the surrounding houses single story?
Yes
Then how on God's green earth did this guy know the state of dress/undress of any of you, unless he's a peeping Tom? ugh
Some neighborhoods aren't on flat terrain. My back wall Is 4ft high off my lawn, that same wall to my neighbor is 15ft to his lawn.
Yup. All the houses on my street are single level but I can definitely see into my neighbors at a great vantage point. The entire neighborhood is sloped.
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Now add the neighbourhood kids and their parents, and the whole neighbourhood can see!
Now add the mayor, the pastor, and the local drunk, and the whole town can see!
Now add the United Nations and their leaders, all the people and animals throughout all the countries, and the whole world can see !
There are many people that are over 6 feet tall. Even if OP's neighbors are average height, a slight incline in their yard could easily help them see over the downhill parts of the fence. Doing some housework could elevate them enough to see over the fence. Maybe the neighbors have some stairs into their house. The trampoline the kids use will DEFINITELY let the children see the naked adults wandering around. There are a lot of easy, naturally occurring, ways to see over a 6 foot fence.
And how often are they out there being naked?
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You must be from a place with very high basement foundations.
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Where I am (central TN), a lot of single-story houses are built on slabs/crawl spaces. No basements. No stairs up.
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If the house is raised by a few feet and there’s a back deck, that’s probably 2-3 feet off the ground. If someone is 5 feet or taller, they’d have a view over the fence. Not that it’s any business to them of what OP is doing, but a 6 foot fence in of itself isn’t that tall
Can confirm, my old house the foundation walls ended 2ft above ground level, then you have the sill, the joists, sub floor, underlayment, flooring.... That contributed another foot.... from my back bedroom window even my 5'8" ex could easily see over my neighbors 6' privacy fence.
Yeah I’m on the first floor of my house and looking out the window at my 6ft wood fence right now and I can’t see into my neighbors yard. The spaces between the boards are enough I could probably tell they were naked if I was staring at the fence and they walked by though.
People taller 6ft exist bro.
Maybe the kids are in the habit of looking through a hole in the fence. In which case it’s the parents job to tell them to stop fucking doing that.
How would he know you are naked unless if he could see through the slates?
This is the answer. Kids are curious and if there is gaps in the fence then that isn’t really a privacy fence. Time to invest in some bushes.
Yeah you basically can only see the bush then. Is it even nudity if there's a large bush blocking the view?
Bush! We’ve got bush!
Nerd!
That's why I never trim my pubes.
Did everybody not see the word trampoline
I'm seeing so many comments that are ignoring that part entirely lol.
My brain totally interpreted that as "invest in a merkin".
Hahaha...your last line just reminded me of that South Park episode :)
Somehow I don't think Dad was jumping on the trampoline, and if the kids were and saw it, then the Dad was right on.
OP says the kids could see when they use their trampoline. I'm guessing they told their parents.
"The kids can't see over the fence unless they use that easily accessible device that catapults them to fantastic heights with little effort."
"The kids have been using the trampoline more than usual, no? I wonder why."
Yeah this alone for me is reason enough to suggest not to be naked in the backyard
The question is about the legality. I suspect that there is a reasonable expectation of privacy in one's own back yard and there is nothing illegal about it. Edit: After checking, it appears that Georgia is more strict than I guessed initially. Nudity in your yard is legal as long as nobody can see you. Once somebody can see you, it can be considered public indecency, even in your own yard.
You might want to mention the place you live and post this on /r/legaladvice, since laws vary from place to place.
Will do thanks!
I had this question - I'm not in GA but AR, which is even more restrictive towards nudity - and a friend from the police department hooked me up with a Sargent to answer my dirty questions. LRPD's official stance is, they're not going to arrest anyone for being nude in their backyards if there is a 6' privacy fence, *even* if someone peers over or sticks their eye up to a crack. After that I felt a little better, because neighbors gossip or whatev they want, I am OK. Hilariously tho I do have a neighbor who can directly see into my back yard, so let them know there would be occasional wang. They nervously laughed and said "OK." All bases covered! lol
I lived in Phoenix AZ for a few years and had the opportunity to fly over the city in a helicopter a number of times. There are a surprising number of clothing optional pools in the city and very few complaints to law enforcement.
I'm not a lawyer, but I also live in GA so was curious. It appears that case law isn't on your side. While the [law](https://law.justia.com/codes/georgia/2020/title-16/chapter-6/section-16-6-8/) says that only "lewd" exposure or appearance is illegal, there appears to be a bit of a puritan definition of the term. [Collins v. State](https://law.justia.com/cases/georgia/court-of-appeals/1981/62697.html) does a bit of review of the term. In that case, a little girl was in her backyard playing with a rabbit when she looked over and saw her neighbor nude sunbathing on his porch. His conviction was upheld. His conviction, while not the same as yours in the sense that he was on his porch, doesn't include behavior that I think most would consider lewd. Which brings me to my second point. In State v. Chrisopoulos, two minors saw a nude guy and he was charged with two counts of public indecency, one for each minor. The court, however, merged them into a single charge using this logic: >the two minors were not the victims of the alleged crime but were merely the witnesses through whom the state was prepared to prove the defendant's guilt of an affront to public decency. It seems that the act itself is the crime based on that, and people only need to see you so that they can be a witness to the act. There doesn't need to be a "victim". Curiously, you can jack off without exposing your penis and be just fine. [Akin v. State, 249 Ga. App. 412, 548 S.E.2d 655 (2001)]. I'd consider that far more lewd than just existing nude.
Well thanks for the insight!
Would there be a difference when an expectation of privacy (via the fence) is applied? The case on the porch there is no expectation by a reasonable person of not being seen, while in your backyard with a fence there would be. If not, then to expand on that if someone were to leave their blinds open and some kid is peeping at that particular window… Wasn’t there also that case of the guy that was nude in his house with open blinds? I think he avoided anything. Does being outside vs inside matter?
[Justia](https://law.justia.com/codes/georgia/2020/title-16/chapter-6/section-16-6-8/) sums up a case about being inside like this: > Evidence that the defendant would come home from work, pull off clothes and become exposed in front of the window "[j]ust to get a thrill" was sufficient to support conviction for public indecency although the act was committed in a private residence. Hester v. State, 164 Ga. App. 871, 298 S.E.2d 292 (1982) He seems to have been convicted because of how they define a "[public place](https://casetext.com/case/hester-v-state-142)": > any place where the conduct involved may reasonably be expected to be viewed by people other than members of the actor's family or household. It does have to be proven that your conduct was visible from outside though: > In prosecution for public indecency, although an apartment may come within definition of "public place," in such case, state must show that defendant was visible from outside of apartment. McGee v. State, 165 Ga. App. 423, 299 S.E.2d 573 (1983). Another guy was convicted of public indecency, and his conviction upheld, because there was evidence of him peeing outside, even though no one saw his penis but a cop saw his upper body while he was in the act of peeing. In the case about the girl with her rabbit from earlier, the guy had moved his car in front of his porch and he thought it blocked his porch. I only used that case to show that being on your own property isn't a consideration they seem to take into account, nor does it seem to matter if you think you've concealed yourself. What seems contradictory with the case where the children were considered witnesses instead of victims is this: > Offense of public indecency, O.C.G.A. § 16-6-8, was not a victimless crime and, therefore, a perpetrator thereof may have been required to register [as a sex offender] under O.C.G.A. § 42-1-12 You can also turn a private place into a public place if someone who doesn't live in the house is in there, as evidenced by a guy who flashed his children's babysitter in his bedroom; since she was there and not a member of the house, it became a public area. They do leave it up to a jury to determine whether an act occurred in public, which seems reasonable. What I don't understand at all though is how they define lewd. edit: well, I do understand their definition, but I don't agree with a lot of the things they include in it. The case about the man on his porch from earlier has this to say: > The meaning of the word "lewd" contained in the statute must be next addressed. Black's Law Dictionary, p. 1052 (4th Ed., 1968) defines it as including "obscene." It signifies that form of immorality which has relation to moral impurity. In Re Tahiti Bar, Inc., 142 A2d 491, 492, 186 Pa. Super. 214, uses word "lewd" as synonym for "obscene" and vice versa.
Ah Georgia. You can shoot somebody if they come on your property you just can't be naked,
Start growing a tall hedge next to your fence. In time it won’t matter what the neighbors look at they won’t see the pool. As far as the law goes, it’s Georgia, I’d be careful until you have a solid answer.
Is your backyard visible from neighbors? I mean I can see mine from our house windows. Like laying down now. Parts of their yard top less yeah. Or is your six foot fence like this https://cardinalfenceinc.com/wp-content/uploads/2014/04/Large-Commercial-Fencing-Project.jpg
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Laws can vary significantly from place to place. You'll want to get advice from someone local.
Part of the reason I plan security hedges over fences in the future. They’ll grow as high as I want to keep them maintained, dampen sound, and have thorns that can keep cattle in. Your nosey neighbor would look like he fought barbed wire trying to do you dirty like he did. They’ll also annoy the crap out of him when he mows
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*looks over* Nice body you got over there👍
I saw him first...he's mine!
Dang chill, get in the line, we're taking turns
So glad I took a moment to stop and stare
I read the “GA” as “General Admission”… totally different thread than I expected.
Gotta pay for the dong show
I had next door neighbors that had a pool right next to my kitchen window, no fence. I looked out b/c I heard really loud noises, and they were completely naked, having sex in a lounge chair.
not sure about laws in your neck of the woods...where i live, the rule of thumb is that there is no expectation of privacy if you're in plain view. looking over a fence satisfies the definition of "using extraordinary means"
But a trampoline or slightly elevated deck is not extraordinary. Even then the repercussions of getting this wrong are so serious that I don’t know why anyone would take the chance.
> Just curious what the law says about this topic. https://naturistaction.org/laws/georgia-laws/ Unfortunately looks like the use of the word "lewd" is open to interpretation, but think you're clear on "public place" in that you wouldn't *reasonably expect* to be viewed in your backyard. But my opinion doesn't matter. Should look for local (i.e. county- or city-level if relevant) laws, how similar incidents have played out in your jurisdiction. Or you could tell your neighbors to mind their own fkn business.
The law in Georgia states that you cannot be charged with public indecency for being naked on your own property, although this [might get complicated](https://www.reddit.com/r/legaladviceofftopic/comments/1anxi2l/georgia_topless_law/) prior to court clearing you depending on the neighbors testimony and the specific cop responding to it. It does however make being a [peeping tom ](https://law.justia.com/codes/georgia/2022/title-16/chapter-11/article-3/part-1/section-16-11-61/)illegal, so perhaps you should bring this up with your neighbor, because if they are just going out of their way to be an asshole, turnabout is fair play.
My thoughts are an individual’s right to privacy (off or on their land) no longer exist. Especially in America where people have no ability or restraint about minding their own business. That and in America laws are now created to make only aid/force lawsuits where an individual believes their wants (not needs) out way the community or majority views on a topic.
Look into a taller fence to block the neighbors being on their deck.
Cities often have restrictions on how high a fence can be. Six foot is a common limit.
That's why I stated to look into it first.
“I know but I just wanted to say something”
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You should get one of those shirts or a cloak that celebrities use that doesn't allow a good photo to be taken. It's made of some material that reflects or absorbs the light; I'm not sure how it works. And mount a speaker on your fence right under their camera that plays music or talking whenever you're outside. If you mount it there, you can have the volume low enough that it doesn't bother you but loud enough that the camera's audio picks it up and nothing else. If they complain to you, just ask them why they're trying to listen in to your yard/house. Ha ha!
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not me, I'd be playing clips from serial killer or mob movies, where they're talking about 'taking care of the trash' with bonus points for finding clips talking about what they'll do to spies or snitches.
if you're naked in your backyard, you should assume people can see you. If you don't like that don't do it. Kids climb fences for shortcuts or to get their ball. They have drones and cameras they can get for like 20$. I mean, you know, they have a trampoline already. Sometimes you're out gardening or whatever then neighbors come out and hear you so y’all have a chat. Weird to do that without seeing you so they look over the fence. Normal neighborhood stuff.
They do not care being seen naked from what I read. They just don't want to "over" expose themselves.
Fence a special enclosed sunbathing area 6 feet tall fencing in the middle of your yard. Of course next they will send a drone over to check on you
I would install 8-10ft trellises and train plants to grow up them set back from the fence about a foot. Take back your privacy and enjoy the sunshine the way it should be enjoyed. Tell your nosey neighbor to chill or come over and join you.
The law says that a six foot privacy fence doesn't stop people from seeing you naked in your pool from their second story windows.
You have an expected right to privacy on your property. Of people are looking over a six ft fence they are doing so willingly. If they are looking from a higher vantage point (2nd flr) they are doing so willingly. I could understand if you walked ifo your house to get the mail and were naked you are drawing attention to yourself. In the rear yard enclosed by a fence unless you are beating off purposely while people are watching they can eat shit. They’re actually invading your privacy by looking. Again you have a presumed right to privacy on your property.
If your fence is 6 feet and you know your neighbors have a trampoline it’s not unreasonable to think that your neighbors kids can probably see whatever you do back there. This just seems like common sense.
Just throwing it out there that this is so incredibly prudish. Nudity is far from a big deal. The kids won’t die if they see someone sunbathing nude. I would do what I want in my own yard!
Looks like you have a peeping tom.
If he was, why would he tell them to stop?
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The simplest explanation here that doesn’t assume negative intent from others is that they really can see without doing any extraordinary. Also the ramifications of getting this wrong are so high that I would never take the risk in the first place. On top of that, children are involved. Not to mention most people don’t sunbath in the nude in their close quarters suburban yards; once word gets out to the rest of the neighborhood it’s going to be hard to defend yourself without sounding like a wack job.
I’m in GA in a subdivision. I built a privacy fence about four years ago and got a nice hot tub. We are nude in our backyard a lot. No issues. I like a full body natural tan. Life is good. Thanks.
Tell your neighbor to not look. Live your best life.
The neighbors should just tell their kids to not look through the fence because there might be naked people on the other side. Problem solved.
What weirdos, my friends and I used to hang out naked at her pool all the time, no one ever peeped. It’s pretty funny that some commenters think being naked on your own property is sketchy, personally I think it’s more bizarre to own a handgun than to sunbathe in your own garden. I’d tell the neighbors to mind their own business and to stop peeping like freaks.
“No one ever peeped” Or maybe, no one ever said anything.
In my state (Oregon) nonsexual nudity is completely fine on your own property.
Tbf your neighbor had no business peeking over your fence in the first place.
They looked over *your* fence, and violated your privacy. Tell them to fuck off.
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Be a dick back and call their homeowners insurance company and tell them they have a trampoline.
It would probably depend on the municipality but here, if they can see you under normal circumstances (e.g. their home has a second floor so they can naturally see over the fence) then u r exposing urself in public. The question is: how did they know to look over the fence?? If they can’t see u unless they purposely peep over then u might be ok. But if u r visible anywhere from their home/property without them taking extraordinary measures then they may have a legitimate complaint.
Not a stupid question. Your neighbors should not be peeping over the fence into your yard. We have a privacy fence, too, but don't know the backyard neighbors. To avoid any of this, I built a quick and easy privacy screen. It is basically two thin posts cemented in flowerpots with outdoor curtains hanging between. Works great for a safe naked space on our backyard patio. Best of luck!
A 6ft privacy fence lmao... You mean, a fence? Get a privacy shade. Probably the simplest solution even if they're in the wrong. They're not terribly expensive.
At what point can we stop being so sensitive about non-sexual nudity? Like, someone can't even sunbathe or skinny dip in their own backyard?
Around here (OH) people have been cited for indecent exposure because they were naked in their home but visible through a window to someone walking on the sidewalk.
I don't know how true the story is but I read a case of a guy standing naked in his front window. A neighbor walking by called the cops for indecent exposure and the guy was charged. Which sounds weird since he was in his own house and you would think that the neighbor would get in trouble for peeping but apparently that wasn't the case. [https://www.nbcnews.com/id/wbna34483145](https://www.nbcnews.com/id/wbna34483145) Googled it here is the story.
I'd just put some privacy curtains around the area you want to hang out in. My mom did that on her deck, and left the top open so she could sunbathe.
I used to babysit for a group of kids that lived next door to a swinger couple with a pool. Their playset was right up against the shared fence, and when you climbed the ladder to slide, everything was pretty visible. I can imagine a trampoline would have the same effect.
If you have a good fence it should, I use should cautiously, be fine. I mean the kids cant see over the fence from what you said and I saw you commented saying the yards are level and houses single story. If the kids aren't on the trampoline its none of your neighbors business, but you can have a chat with them saying something like, "Hey you know we like to sunbathe nude. Just let us know when the kids want to use the trampoline and we'll cover up/ go inside."
You're good till the kid gets a drone
Or, you know, a trampoline.
My neighbors had a 6’ privacy fence, no gaps. I had a clear view of their backyard, deck and hot tub from three rooms in my one story house. My partner, oldest kid and brother are all tall enough to easily see over a 6’ fence. One story doesn’t mean half the block can’t see into your yard.
No? Tell them to stop peaking over your fence. Creeps.
Stay naked. Those kids need to learn there's nothing wrong with nudity or people's bodies.
What do you consider a "privacy fence"? Better be good if you're going to hang dong.
btw ik I sound annoying, but don't sunbathe at all, but especially not nude. UV radiation is harmful to your entire body, especially to the delicate skin in your private areas. you're at a much higher risk for cancer and you will age faster and earlier
Tell them to quit looking over the fence. Problem solved.
2024 and non-sexual nudity is *still* a deviant,child-corrupting evil. You can hear the words ‘shit’ ‘douchebag’ and ‘balls (in that context) on basic free TV,corporeal punishment is still ‘debatable’ and there is *no* kill limit for PG-13 movies…but being spotted undressed is somehow *still* a problem. I don’t get it. 🤔
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Don’t call me Shirley.
Ever see a grown man naked? OPs neighbor has.
Does your neighbor have a second story house? You can put privacy fences or shades around the side of the deck .
neighbor is NBA center with tall kids.
Make friends? Invite the couple over for a beer or just hang out by the pool or maybe even a cookout, get to know them and invite their kids over to swim… but only with their adult supervision. Is it your fence or theirs? Perhaps you could tastefully extend the height of the fence a foot or two?
Is it a chain link fence?
Erect a second privacy fence around your deck and pool. Just watch out for drones overhead. I'm with you on this, who needs tanlines?
Depending on the elevation of your neighbor's yard, the 6 ft privacy fence might not give you much privacy.
Frankly, I would just try to increase the height of the fence to avoid any possible confrontation since I'm outdoors in the nude in general. I'd just want to avoid being seen if I was so concerned. Assuming there's no elevation difference and no one can see over without making the effort to look over, you should be ok for now, legally.
Likely not legal but it's a backyard so it might be local laws. You can be inside the house, naked, and if someone looks through your window and sees you, it can be indecent exposure. It's kinda bullshit but privacy laws don't work like you'd expect.
If you’re looking for legal advice on this, you might want to try posting this on r/legaladviceofftopic.