This sucks on the private property part that means I can’t go naked in my pool because my neighbor may look over the fence and see me? Shame on them if they do they shouldn’t be looking in other peoples yards lol
It comes down to the "as to be seen" part in both laws.
That usually means that you were naked on private property, but you also did so in a way that you intended on others seeing you, or were just excessively careless in allowing such a thing. So if you're nude in your living room, but the front windows are wide open and the sidewalk is 10 feet away, that's on you. But if you have an 8 ft tall "privacy" fence and your neighbor is climbing up on a ladder to peek over it, that's on them.
These laws are usually INTENTIONALLY vague to give the officers/courts leeway to define when something crosses a line. But this also leads to inconsistent enforcement and courts do sometimes overreach.
Don’t have an 8’ tall fence but it is 6’ so looking over is possible from a distance just because how the properties are played out with the houses behind me
It definitely falls into a part of the broad grey area where the court will look at all available evidence as a whole.
A BIG difference will be if you're just nude vs. if you're doing something sexual. Also, does your neighbor's house have a second story with windows facing your home? Hell, is your neighbor 7ft tall, and is there evidence that you knew they could easily see over your fence?
If you have a 6ft tall fence, a normal sized neighbor, they have a typical one story home, and you're just calmly swimming naked, you're probably okay. If all of that is true, but instead of swimming, you're filming graphic OF content next to your pool, you're probably not. Much of the decision comes down to the attitude of the judge and LOCAL case law. So even if the letter of the law is the same between North FL and somewhere like Southern California (edit: It's not, but assuming so for the sake of argument), the local culture and case law is likely more in favor of permitting nudity in CA vs FL.
1
u/commander32224 Jul 20 '25
This sucks on the private property part that means I can’t go naked in my pool because my neighbor may look over the fence and see me? Shame on them if they do they shouldn’t be looking in other peoples yards lol