Page 2 of 2

Re: Neighborhood bulletins

Posted: Wed Jun 24, 2009 3:50 pm
by seamusTX
Keith B wrote:Only if you are not visible to a casual observer; i.e. readily visible to someone passing by or from another piece of property.
Where in current Texas law does it say that you can't be nude on your own property (hint: check PC 42.01(10))?

I vaguely recall some years ago, an old codger was doing his yard work in the nude. The neighbors complained, and the cops told them there was nothing they could do except talk to the guy.

Even nudity in a public place tends to result in catch-and-release. I have never heard of it being prosecuted. (Being nude and intoxicated is another story, but even that is a class C misdemeanor.)

- Jim

Re: Neighborhood bulletins

Posted: Wed Jun 24, 2009 4:19 pm
by DoubleJ
There's being Naked, and then there's Nekkid... :lol::



as to the interlopers, grabbing a baseball bat and threatening deadly force is the same (in my mind, at least) as pointing your gun at them, because (once again in my mind) you have committed the threat of deadly force.
now if you point it, you may not be legal to shoot it, but if you stop at merely pointing, it's just the Threat of Deadly Force.

that's just the way I see it, at least.

Re: Neighborhood bulletins

Posted: Wed Jun 24, 2009 4:39 pm
by Keith B
seamusTX wrote:
Keith B wrote:Only if you are not visible to a casual observer; i.e. readily visible to someone passing by or from another piece of property.
Where in current Texas law does it say that you can't be nude on your own property (hint: check PC 42.01(10))?

I vaguely recall some years ago, an old codger was doing his yard work in the nude. The neighbors complained, and the cops told them there was nothing they could do except talk to the guy.

Even nudity in a public place tends to result in catch-and-release. I have never heard of it being prosecuted. (Being nude and intoxicated is another story, but even that is a class C misdemeanor.)

- Jim
Well, here is what I was going on:

§21.08 – Indecent Exposure

A person commits an offense if he:
1. Exposes himself with intent to arouse or gratify the sexual desire of any person, AND
2. Is reckless as to whether another is present who will be offended or alarmed.

This is a Class B misdemeanor.

Class B misdemeanor: Fine up to $2,000 OR up to 180 days in jail OR both.

Whether you are reported or not will depend on the individual who observes and is offended. So, I guess officially it is not illegal unless it meets the criteria above.

As to the guys on property, best start dialing 911, keep a safe distance and get as much identifying info (license plate, etc.) as possible to be able to provide the police.

Re: Neighborhood bulletins

Posted: Wed Jun 24, 2009 4:45 pm
by Commander Cody
I apologize for the nude remark. I was just making a funny and it ended with a hijack. :oops:

Re: Neighborhood bulletins

Posted: Wed Jun 24, 2009 4:52 pm
by seamusTX
DoubleJ wrote:... as to the interlopers, grabbing a baseball bat and threatening deadly force is the same (in my mind, at least) as pointing your gun at them, ...
It may be in your mind, but pointing a firearm at someone is explicitly defined as deadly conduct in Penal Code 22.05.
§21.08 – Indecent Exposure
A person commits an offense if he:
1. Exposes himself with intent to arouse or gratify the sexual desire of any person
The intent is close to impossible to prove in the case of someone who is sunbathing or doing yard work. I'm pretty sure that this offense is prosecuted only when people actually perform sexual acts in public (including solo performances).

- Jim

Re: Neighborhood bulletins

Posted: Wed Jun 24, 2009 5:21 pm
by Rex B
Heh A very attractive lady we know enjoyed topless bathing in her North Dallas backyard, which is surrounded by a 6-ft board fence.
It wasn't an issue until new neighbors moved in, lots of kids, built a playscape and a trampoline. Our friend covered up, but that did not stop the top of the playscape from becoming a popular spot for the boys. finally, the lady, being a "what the heck" kinda gal, went back to the original plan. When Daddy came out to see why all the boys were in the top of the tower, the playscape quickly lost it's upper story. Problem solved.

As for the original story, I think one could engage in conversation with those people while realizing that you need to check your carry piece, make sure the mag was full etc. Maybe take out wallet and pocket pistol at the same time, "Now, what was it you needed?" :evil2:

Re: Neighborhood bulletins

Posted: Sat Jun 27, 2009 7:32 pm
by Venus Pax
It sounded to me as if the two men were threatening the homeowner. It seems to me that having a firearm drawn, but not pointed, at the two men would have been justified. Pointing the gun would become justified had they chosen to advance on him.
Charles or some other knowledgeable soul, correct me if I'm wrong in my assumption.

As for the nude thing, isn't there a law against this if others can easily see you? I would imagine it would be a problem in the front yard, but not a backyard with privacy fence.

Re: Neighborhood bulletins

Posted: Sat Jun 27, 2009 8:59 pm
by USA1
i dont care what anybody says..if someones in or around my back yard the guns comin out , especially if they give
me the stink eye........except the meter reader :nono:

Re: Neighborhood bulletins

Posted: Sat Jun 27, 2009 9:33 pm
by casingpoint
You're walking around nude on your own property, better hope a couple of those "don't ask, don't tell" cops don's show up. :mrgreen: