Indiana criminal charge
Public nudity in Indiana
Public nudity is a criminal offense under Indiana law, defined by Ind. Code § 35-45-4-1.5. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Ind. Code § 35-45-4-1.5.
What is the penalty for public nudity in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 60 days (Public nudity in a public place — A person knowingly or intentionally appears in a public place in a state of nudity.) | discretionary | Ind. Code § 35-50-3-4 |
| Fine | up to $500 (Public nudity in a public place — A person knowingly or intentionally appears in a public place in a state of nudity.) | discretionary | Ind. Code § 35-50-3-4 |
| Jail / prison | up to 180 days (Public nudity with intent to be seen — A person knowingly or intentionally appears in a public place in a state of nudity with the intent to be seen by another person.) | discretionary | Ind. Code § 35-50-3-3 |
| Fine | up to $1,000 (Public nudity with intent to be seen — A person knowingly or intentionally appears in a public place in a state of nudity with the intent to be seen by another person.) | discretionary | Ind. Code § 35-50-3-3 |
| Jail / prison | up to 1 year (Public nudity on school grounds, park, or DNR property with intent — A person knowingly or intentionally appears nude on school grounds, in a public park, or with intent to arouse sexual desire on department of natural resources property.) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Public nudity on school grounds, park, or DNR property with intent — A person knowingly or intentionally appears nude on school grounds, in a public park, or with intent to arouse sexual desire on department of natural resources property.) | discretionary | Ind. Code § 35-50-3-2 |
| Jail / prison | 6 months to 30 months (Public nudity with prior conviction — The person has a prior unrelated conviction under subsection (d) or subsection (c).; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Public nudity with prior conviction — The person has a prior unrelated conviction under subsection (d) or subsection (c).) | discretionary | Ind. Code § 35-50-2-7 |
Applies to current.
How is public nudity classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Public nudity in a public place | Class C Misdemeanor | A person knowingly or intentionally appears in a public place in a state of nudity. | Ind. Code § 35-45-4-1.5(b) |
| Public nudity with intent to be seen | Class B Misdemeanor | A person knowingly or intentionally appears in a public place in a state of nudity with the intent to be seen by another person. | Ind. Code § 35-45-4-1.5(c) |
| Public nudity on school grounds, park, or DNR property with intent | Class A Misdemeanor | A person knowingly or intentionally appears nude on school grounds, in a public park, or with intent to arouse sexual desire on department of natural resources property. | Ind. Code § 35-45-4-1.5(d) |
| Public nudity with prior conviction | Level 6 Felony | The person has a prior unrelated conviction under subsection (d) or subsection (c). | Ind. Code § 35-45-4-1.5(d) |
Common questions about public nudity in Indiana
Is public nudity a felony or a misdemeanor in Indiana?
It depends on the circumstances: public nudity ranges from a Class C Misdemeanor to a Level 6 Felony in Indiana under Ind. Code § 35-45-4-1.5.
Public nudity in a public place: Class C Misdemeanor (Ind. Code § 35-45-4-1.5(b)) · Public nudity with intent to be seen: Class B Misdemeanor (Ind. Code § 35-45-4-1.5(c)) · Public nudity on school grounds, park, or DNR property with intent: Class A Misdemeanor (Ind. Code § 35-45-4-1.5(d)) · Public nudity with prior conviction: Level 6 Felony (Ind. Code § 35-45-4-1.5(d))
What are the penalties for public nudity in Indiana?
Penalties for public nudity in Indiana depend on how it is classified — from a Class C Misdemeanor up to a Level 6 Felony — with the ranges set by Ind. Code § 35-50-3-4, Ind. Code § 35-50-3-3, Ind. Code § 35-50-3-2 and Ind. Code § 35-50-2-7; the full table of ranges by variant is published on this page.
Which Indiana statute covers public nudity?
Public nudity is governed by Ind. Code § 35-45-4-1.5 (Public nudity).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.