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Thread: Naked Hike Day?

  1. #21
    Registered User Tuckahoe's Avatar
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    Quote Originally Posted by bigcranky View Post
    http://criminal.findlaw.com/criminal...-exposure.html

    "Indecent exposure laws in most states make it a crime to purposefully display one's genitals in public, causing others to be alarmed or offended. "

    ".... in some states any indecent exposure conviction subjects you to a lifetime duty to register as a register as a sex offender. "

    I am not an attorney, so this is not any sort of legal advice. But for me personally, I would not partake in "naked hiking day" due to this risk. (I am in no way a prude, nor has anyone ever accused me of being the least bit conservative. Many of these laws are stupid. Etc.)
    And just to add to Bigcranky's link, here is another...
    https://www.hg.org/article.asp?id=31193
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  2. #22
    Registered User samton's Avatar
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    Something I hope I never see is a naked hiker

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    HA!

    Even in the Great State of Alabama the chances of anyone being charged and convicted under Sex Offender statutes for simply hiking in the nude (UNLESS there was an aggravating factor involved) is slim to zero.

    Furthermore, do a Lexis/Nexis search and see how many convictions in recent years under Sex Offender statutes have occurred while simply hiking in the nude.

    Accordingly, the chances of getting popped on the AT for hiking in the nude and prosecuted under Sex Offender statutes are pretty much a big fat ZEEERO, which makes the argument that people don't hike in the nude on the AT for fear of being placed on the sex offender registry is baseless except, of course, for the ignorant.

    My guess is that most people don't participate in nude hiking day is that most folks still have (although diminishing) at least a modicum of personal ethics and respect for others to the point they simply refrain from such behavior.

    For 40 years I have criminally indicted and prosecuted a trainload of true sex offenders in the State and United States District Courts, and have provided expert testimony regarding sex offender statutes. There is a lot more involved than doing a jailhouse lawyer google search and getting some very basic, mostly outdated, information.

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    In the shadows AfterParty's Avatar
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    I hardly ever wear shorts much less go hiking naked I can't imagine how a pack would feel straight up on skin. But if you wanna hike naked do it I have no issue with your choices.

  5. #25

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    People always say "I wouldn't want to see X person naked." Ugly people are ugly whether they have clothes on or not. And people that say this are giving away the fact that they equate nudity with sexuality and they really are two separate things. In many parts of the world and in many different situations nudity is not that big of a deal...its all a matter of what people are used to. Public nudity is legal in every state...what is argued over is the context. Everybody has removed their clothing in public places at one time or another, it just most likely in a socially acceptable situation, such as in a public restroom, shower, etc. Many National Forest areas do not have restroom facilities. They do not have shower facilities. Common sense dictates that you can't be expected to go on an overnight camping trip and not use the restroom or shower. So it follows that public nudity is acceptable in the National Forest.

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    Since you brought it up, what constitutes "public urination" in the context of the AT? After all, unless you're in the privy (a word built from privacy, I think), you're technically in public. Or are you? Are you in public at a shelter? at a campsite? at a trailhead? Downtown Damascus? summit of Max Patch?

    And for those who have been arrested for public urination, is urination the offense, or is the exposure? I'm curious because I use a P-style. In theory, I could urinate in a public place with very little exposure - not saying I want to, just curious.

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    I'm not a lawyer and I don't play one on the Internet.
    But I was on in SNP last June during HND. The night before, there were a bunch of thru hikers hanging out at the Elkwallow Wayside eating dinner. There was much bravado as they discussed HND coming up the next day. "Everyone does it" they all said. "It tradition - you have to do it" said others. Because I was hiking SOBO and I was in the middle of the NOBO bubble, this group of thru hikers went the opposite direction. If they participated I wouldn't know. But I passed dozens of other thru hikers the next day as I hike further south and they all looked very much clothed. As far as I could tell I was the only one participating. But since I was on a 50 mile section hike, I was only hiking 5% of the trail so I was only 5% naked - My legs were bare from the top of my socks to the bottom of my shorts. My arms were probably naked too.

  8. #28
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    But since I was on a 50 mile section hike, I was only hiking 5% of the trail so I was only 5% naked - My legs were bare from the top of my socks to the bottom of my shorts. My arms were probably naked too.
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  9. #29

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    I'd bet that many cases of public nudity would never even make it past the prosecutor. Perfect example, around here a few years ago a college student streaked Walmart on a dare. His friends dropped him off at one entrance and he was supposed to run all the way to the back of the store, cross to the other side and then come out the other entrance where the car would be waiting for him. His friends saw the police car pulling into the parking lot and drove all the way to the other end of the lot and threw his clothes out the window. He made a gallant effort and was just finishing putting his clothes on when the police car pulled up next to him. He spent the night in jail and no charges were ever filed. More than likely the prosecutor figured it was a college prank and the kid spent the night in jail and it need go no further.

    I'd also bet a lot of these cases revolve around whether or not the person had a reasonable expectation of privacy...was it in the woods where no other people were around, 10 miles from a road, or were there six families having a picnic at a roadside park? Were you behind a bush (or at least thought you were)?

    The other issue is probably whether or not there was a sexual component to the nudity. Were you using the restroom, bathing, etc?

    But a person just walking around nude is a whole nuther ball game. How do you prove a sexual component to this? You'd have to know what was going through the person's mind, which might be why some prosecutors don't pursue a lot of these types of cases. Unless the person's behavior is overtly sexual, you might have a very hard time getting a jury to convict, and prosecutors don't like to try cases they might lose. But they may still try to talk you into accepting a plea bargain for a lesser charge.

    I remember one time I was hiking and had to pee. It was a steep section of the trail so there wasn't much room to step off the trail, so I stepped about 10 feet off the trail, conducted my business, and as I was zipping up my fly I looked up and saw a young woman sitting on a rock about 20 feet away staring right at me. I had been looking down as I was walking and didn't see her. She was sitting down resting so I didn't hear her either. Was a crime committed here? I don't think so.

  10. #30
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    Quote Originally Posted by samton View Post
    Something I hope I never see is a naked hiker
    We actually have a couple of Naked Bushwalking clubs in Australia, one walks a lot in the Blue Mountains. Not anything I would try as even the plants here are trying to sting, stab, scratch and generally trying to inflict trauma on you.

    I love how a simple question on here heads off into multiple directions when a simple date was all that was required. Love some of the comments though.
    "He was a wise man who invented beer." Plato

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    Quote Originally Posted by illabelle View Post
    Since you brought it up, what constitutes "public urination" in the context of the AT? After all, unless you're in the privy (a word built from privacy, I think), you're technically in public.
    Again I think common sense is required. I always get well off trail and try to find some reasonably dense trees or brush. I admit, I've been lazy at times and gone just 10 feet from the trail if I haven't seen other hikers in hours... but I don't think I've ever heard of a hiker being arrested for unintentionally being seen urinating. You want to talk about public urination? Go to any marathon or longer road race ... it's ridiculous!

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    I live in a clothing optional community in central Florida... every day is hike (morning 3 mile walk) nude day.

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    I think I've witness just three naked hikers on "Hike Naked Day", after about 15,000 miles of thru-hiking. That's probably a good thing though.

  14. #34
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    Quote Originally Posted by Furlough View Post
    ...and liberally applied bug repellant.
    Yes, that would be important!
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  15. #35
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    In the Whites, the Feds somehow felt it necessary to write these regulations in 2008:

    image.png


    image.png
    Attached Images Attached Images

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    Quote Originally Posted by colorado_rob View Post
    There really is zero reason I can see for "streaking". Butt: I did in college, it was a blast. So there. It was the 70's. A different era. RIP, oh best decade there ever was!
    Dang, now I'm cleaning coffee of my monitor...lol

  17. #37
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    Quote Originally Posted by Odd Man Out View Post
    I'm not a lawyer and I don't play one on the Internet.
    But I was on in SNP last June during HND. The night before, there were a bunch of thru hikers hanging out at the Elkwallow Wayside eating dinner. There was much bravado as they discussed HND coming up the next day. "Everyone does it" they all said. "It tradition - you have to do it" said others. Because I was hiking SOBO and I was in the middle of the NOBO bubble, this group of thru hikers went the opposite direction. If they participated I wouldn't know. But I passed dozens of other thru hikers the next day as I hike further south and they all looked very much clothed. As far as I could tell I was the only one participating. But since I was on a 50 mile section hike, I was only hiking 5% of the trail so I was only 5% naked - My legs were bare from the top of my socks to the bottom of my shorts. My arms were probably naked too.

    I think your experience is the most common one. Lotta talk, occasional action, and much like a teenage drunken strip poker game... usually a bunch of dudes trying to trick one gal into losing and ending up with everyone a bit disappointed regardless of the results. More often than not with growing social media you see some hike naked day homages, but quite likely after the photo is posted everyone updates their facey and instagram, high fives and gets dressed.

    I think naked bonfire goes over well enough here and there- but celebrating hike naked day on any trails outside the big three would either be a long day of me impersonating Colin Fletcher or me impersonating a lawyer as I tried to get out of trouble.

  18. #38
    Wanna-be hiker trash
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    Quote Originally Posted by Just Bill View Post

    I think your experience is the most common one. Lotta talk, occasional action, and much like a teenage drunken strip poker game... usually a bunch of dudes trying to trick one gal into losing and ending up with everyone a bit disappointed regardless of the results. More often than not with growing social media you see some hike naked day homages, but quite likely after the photo is posted everyone updates their facey and instagram, high fives and gets dressed.

    I think naked bonfire goes over well enough here and there- but celebrating hike naked day on any trails outside the big three would either be a long day of me impersonating Colin Fletcher or me impersonating a lawyer as I tried to get out of trouble.

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    Quote Originally Posted by rickb View Post
    In the Whites, the Feds somehow felt it necessary to write these regulations in 2008:

    image.png


    image.png
    Is that also known as the "Stop mooning the cog railway" proclamation?
    Colorless green ideas sleep furiously.

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    Quote Originally Posted by illabelle View Post
    Since you brought it up, what constitutes "public urination" in the context of the AT? After all, unless you're in the privy (a word built from privacy, I think), you're technically in public. Or are you? Are you in public at a shelter? at a campsite? at a trailhead? Downtown Damascus? summit of Max Patch?...
    While the laws will vary from place to place, apparently there are exceptions to peeing in the woods. As an example, I found that Tennessee Law makes an exception to the crime of "Public Indecent Exposure" for a person that makes "reasonable attempts to conceal [themselves]... while performing an excretory function...in an unincorporated area of the state".

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