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  1. #1
    Law Curious
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    Default Pasties on the lake

    Is it legal for females to wear pasties on TN lakes in place of a bikini top.
    It is very popular @ lake Havasu AZ. Also what about thongs?
    Are they considered indecent exposure for a fact or is just some old folks tale?

  2. #2
    Legal Forum Partner Mako167's Avatar
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    Let me state for the record that I'm a big fan of SOME women wearing pasties and thongs. There is a point however where this display becomes a mind numbing, eye melting assault that should never happen.


    The short answer is: Nope.

    The long answer is below:

    Public Indecency in Tennessee
    According to T.C.A § 39-13-511, a person commits the offense of public indecency if, in a public place, he or she knowingly or intentionally commits one of either of the following acts:

    Engages in sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, excretory functions or other ultimate sex acts;
    Appears in a state of nudity; or
    Fondles the genitals of the person, or another person.
    However, persons do not violate this law if while performing an excretory function, they make intentional and reasonable attempts to conceal themselves from public view while performing the excretory function, and they perform the function in an unincorporated area of the state.

    Public indecency is generally illegal irrespective of the location. However, it is important to define the word "public" in the context of public indecency because what is illegal in a public place such as the beach or a movie theater may be legal in your home. The law defines a public place as any location frequented by the public or where members of the public are likely to be present.

    A first or second public indecency offense is a Class B misdemeanor and punishable by a fine of $500. A third or subsequent offense is a Class A misdemeanor punishable by a fine of $1,500 or up to 11 months and 29 days in jail.

    Indecent Exposure in Tennessee
    A person commits the offense of indecent exposure if, in a public place, in the private premises of another, or so near thereto as to be seen from the private premises, intentionally commits one of the following acts:

    Exposes the person's genitals or buttocks to another; or
    Engages in sexual contact or sexual penetration.
    Moreover, these acts must be conducted under circumstances where the offender reasonably expects that the acts will be viewed by another and the acts:

    Will offend an ordinary viewer; or
    Are for the purpose of sexual arousal and gratification of the defendant.
    “Indecent exposure” of this type is a Class B misdemeanor. If the defendant is an adult and the victim is a child under thirteen, the offense is a Class A misdemeanor.

    Another form of indecent exposure involves the presence of children. Under this form of indecent exposure, it is unlawful for anyone to knowingly invite, entice or fraudulently induce a child of another into the person's residence for the purpose of attaining sexual arousal or gratification by intentionally engaging in the following conduct in the presence of the child:

    Exposure of such person's genitals, buttocks or female breasts; or
    Masturbation.
    But for this to apply, the defendant must be an adult (18 years of age or older) and the child victim must be less than thirteen years of age.

    Indecent exposure of this type is a Class E felony if the defendant has any combination of two or more prior convictions of indecent exposure.
    Last edited by Mako167; 06-16-2011 at 07:23 AM.

  3. #3
    Law Curious
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    so just to be clear.... no pasties and no thongs on TN lakes.?.?.

  4. #4
    Legal Forum Partner Mako167's Avatar
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    To be clear, yes you can! You just can't engage in sexual activity while in public at the lake in TN.

  5. #5
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    The law also mentions a "state of nudity." Sex doesn't have to be involved. If joe plumber pulls his business out in the middle of Walmart, he's going to get arrested.

    With that said, Tennessee law defines nudity as:

    the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering or the showing of the female breast with less than a fully opaque covering of any portion below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state;
    I don't think any of the TWRA or local lake officers will arrest, but that's not to say that she isn't pushing the envelope a tad.

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