Public Nudity Law In Indiana

Public Nudity Law In Indiana by Criminal Attorney Jeff Cardella

If you have questions about Indiana’s public nudity law, call me at 317-695-7700 or email me for a free consultation. I have been a criminal attorney in Indiana for my entire legal career, have almost two decades of experience, taught criminal law at the IU School of Law, and was selected as one of the Top 100 Attorneys by the National Trial Lawyers Association. I have handled hundreds of public nudity cases over the course of my career and taught public nudity law in my class at the law school. Below, we discuss the Indiana Law on public nudity as well as the case law.

Basics of Indiana’s Public Nudity Law

Before looking at the text of the statute and the case law behind Indiana’s public nudity law, there are two important points that are worth noting.

First, “Public place” for the purposes of public nudity is not identical to “public place” for the public intoxication law. For example, you can generally stand in your front yard and be intoxicated without violating the public intoxication law. However, this does not mean that you can stand in your front yard naked. This is discussed more below in the case law.

Second, the vast majority of cases I have seen for public nudity are people who are urinating in public, often in an alley or at an outdoor concert. In Indiana, it is not illegal to urinate in public. If an officer makes an arrest for public nudity after observing an individual urinating in public, if no one actually saw genitalia, the evidence is insufficient for a conviction. Additionally, if you made an effort not to be seen, and the officer made an effort to move in order to be able to see genitalia, you may be able to successfully argue that it was your intent not to be seen, and that the officer’s perverted actions do not transform your conduct into criminal behavior.

The Full Text of Indiana’s Public Nudity Statute

Indiana’s public nudity statute, in its full text, is as follows:

IC § 35-45-4-1.5. Public nudity.

(a) As used in this section, “nudity” has the meaning set forth in section 1(d) [IC 35-45-4-1(d)] of this chapter.

(b) A person who knowingly or intentionally appears in a public place in a state of nudity commits public nudity, a Class C misdemeanor.

(c) 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.

(d) A person who knowingly or intentionally appears in a state of nudity:

(1) in or on school grounds;

(2) in a public park; or

(3) with the intent to arouse the sexual desires of the person or another person, in a department of natural resources owned or managed property;

commits a Class A misdemeanor. However, the offense is a Level 6 felony if the person has a prior unrelated conviction under this subsection or under subsection (c).

IC § 35-45-4-1(d) – As used in this section, “nudity” means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of covered male genitals in a discernibly turgid state.

Indiana’s Public Nudity Case Law

The most commonly cited case on public nudity is Weideman v. State, 890 N.E.2d 28 (Ind. Ct. App. 2008). This case fully explains the public nudity statute and how courts apply the statute.

The Facts of the Case

In this case, a man named Weideman was in his front yard in Indiana, completely naked. This happened at night when it was dark outside. A neighbor named Bowser was driving by in his truck and turned on his headlights, which lit up Weideman. When the lights hit him, Weideman looked panicked, quickly dropped to the ground, rolled into a nearby ditch, and crawled away on his hands and knees toward the back of his property to hide. Weideman later testified in court that he didn’t want anyone to see him naked.

The police got involved, and Weideman was charged with public nudity as a Class B misdemeanor under Indiana law (specifically, IC 35-45-4-1.5(c)). This charge requires proving two main things: (1) the person was knowingly or intentionally naked in a public place, and (2) they had the intent to be seen by someone else. The front yard counted as a “public place” because it was visible to others.

Weideman argued that the law was too vague—it didn’t clearly explain what behavior it banned, so it shouldn’t be enforceable. But the court disagreed, saying the law was clear enough: if you’re visibly naked where others can see you in public (even your own yard), you’re breaking the law.

What the Court Decided

The Indiana Court of Appeals reviewed the case in 2008 (Weideman v. State). They agreed the law wasn’t vague—it gave fair warning about what was illegal.

However, on the main charge (Class B misdemeanor), the court said there wasn’t enough evidence to prove beyond a reasonable doubt that Weideman intended to be seen. His actions—panicking, hiding, and crawling away—showed the opposite: he was trying not to be seen. Even though he was naked in a spot where someone could spot him, that alone wasn’t proof of intent. So, they reversed (overturned) his conviction for the Class B misdemeanor.

But the court didn’t let him off completely. They noted there’s a lesser version of the crime: public nudity as a Class C misdemeanor (under IC 35-45-4-1.5(b)). This one only requires proving that someone knowingly or intentionally appeared naked in a public place—no need to show intent to be seen. The evidence (him being naked in the yard) was enough for this. The original charging document (the “Information”) included all the facts needed for this lesser charge, so the court sent the case back to the trial court to convict him of the Class C version and resentence him accordingly. (Class C is a milder penalty than Class B, like a smaller fine or less jail time.)

In simple terms, it’s like being charged with a serious version of a crime but getting convicted of a lighter one because not all elements were proven.

Why This Case Is Important

This case matters because it helps clarify Indiana’s public nudity laws in everyday language. First, it confirms that the law isn’t too vague—people can’t claim they didn’t understand that being naked where others might see you (even on your own property if it’s visible) is illegal. This prevents future challenges on those grounds.

Second, it draws a clear line between different levels of the crime based on intent. For the harsher penalty (Class B), the government has to prove you wanted to be seen naked—like flashing someone on purpose. Without that proof, you might still get in trouble for just being naked in public (Class C), but it’s less severe. This protects people from over-punishment if their nudity was accidental or private but accidentally spotted.

Contact My Office for a Free Consultation

If you have questions about Indiana’s Public Nudity law, call me for a free consultation to discuss your case.

Phone: 317-695-7700

Email: jeffcardella@cardellalawoffice.com

I handle cases throughout all of Indiana, including the Federal District Courts, the Seventh Circuit Court of Appeals. The main geographic areas that I practice law in are:

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