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I own my home, ans my small child has a habit of likimg to be nude outdoors )well. Indoddors too! ) So is t legal to be nude on your own property? The officer came in my driveway and and demanded I clothed the beby (which I did immediately and poltely). II mean it'not exactly prudent, but on your own property I don't know if it's legal or not. The reason I want to kmow because she LOVES doing it, it's a habit. A VERY hard habit to break!! :confused:
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FYI, I live in a rural town, VERY RURAL!
Well, it can't be that rural if it was reported.
This day and age that could be considered child neglect.
Really, who is the parent here?
Hello again, pass:
Well, I think it's legal, and it has nothing to do with it being your own property or not. It has to do with the public who might happen to see your naked daughter and have a conniption fit.
Those same people would have a conniption fit if they saw a nursing mother feeding her baby. Yet THAT'S legal, proper and the baby likes it too.
So, it is, as you have been finding out, not a matter of black or white. It's really a matter more of what you want to DO about it. Do you want to challenge your local cops once again? Can you afford another lawyer?
If it was me, I would, but I LIKE pulling on Superman's cape.
excon
PS> This advice is null and void if your daughter is 16.
Sorry, this is illegal behavior regardless of how old your child is. They can be naked inside their own home, but not outside. Your child will have to get over it and put clothes on when outside. This is irrelevant how rural your home is. This is indecent exposure and child neglect/abuse.
I don't know much about the legal side of this but it seems like you don't want to stop your kid from doing it.
What happens if you decide to let your child think its okay to run about naked?? They continue thinking it's okay and the next thing you know they're 20 and still running around in the front yard showing it off to everyone.
I think it's more of a taboo than a law; people just don't want to see that.
The legality here depends on who can see into your backyard. If you have a privacy fenced yard where there are no buildings that can overlook into your yard, then it is perfectly legal. But if that's not the case, then anyone (of any age) appearing nude in your yard is probably a violation of local ordinances.
On a side note to Gernald, I strongly disagree with your thinking. Naturalists and nudists are fully aware of the mores of society. A child growing up in a naturalist camp is probably less likely to violate those mores then one one repressed by being forced to go around clothed, even in private.
Hello twink:Quote:
Originally Posted by twinkiedooter
Anybody who is offended by an 18 month old running around with her tushy out, needs to have their dooter twinked.
excon
While it may not be reasonable to be offended by the sight of an 18-month-old child in the nude, especially on her own property, I imagine that in practically all jurisdictions it's illegal for anyone of any age to be unclothed when, as Scott pointed out, in public view. But, also as Scott said, if the yard is fenced in in such as way so that she'd not be visible to anyone on the outside, then it's OK. And anyone that wants to could probably make a case for child neglect, even if it's not intended as such. So your best bet is to make sure that your daughter is clothed whenever she's outside.Quote:
Anybody who is offended by an 18 month old running around with her tushy out, needs to have their dooter twinked.
It's just a habit she has has since birth, I really don't know ho0w to stop it. I remember running around as a litte kid, lots of ids do it. I defintey don'd want to get in trouble for it, which is why I asked, and I will dress her when outdoors for safetys sake, althouth it'sm going to b rough!!
Is is not indecent exposure since the child is too young to be prosecuted for such a crime. It would not be neglect either unless it there were issues with the weather or the lack of clothing.
Do you have statutes to back that up?Quote:
Originally Posted by sigcopper
Well, thans for the opinions, seems like a 50/50 decision. That aside I will assure she will be clothed outdoors, and she is so smar that she learned a lasson at such a young age that she dresses herseself whenever we go out. I am very proud of her.
One thing about this town they is notable is that it has a population on around 1000 at most, and 2 police officers. They are despereate for something to do. If they see anything remotely possinby wrong, they jump on it. In court, they lose mpore then win becausw they do not know their job thoroighly. They geet paid about $7 per hour, if that gives you a clue.
Considering the fact that there are pervs out there that kidnap fully clothed children,and do unspeakable acts to them, for which every one should be drawn and quartered for doing anything to an innocent child, letting a naked child run around is nothing but asking for trouble.
Before you start to bash your local police, complain out their wage and the fact they don't have anything better to do, you should realize that a call like this would have came from one of YOUR neighbors. Those neighbors that are nosey and don't have anything better to do just like the cops in your town. Don't take it out on the cops that they arrived at your house. They were called and had to show up and investigate. They can't pick which calls they want to go on. What does wages, court wins or loses and them not having anything to do have to do with your child running around town naked? Like another poster stated there are plenty of pervs out there trolling our streets looking for small children (even though studies have shown we should be more careful around those that we know than of strangers). Now is the time to train your child that runnning naked is not an option outside in the view of others. It would be easier to do this now rather than later.
A friend of mine has been missing for over 27 years.Quote:
Originally Posted by tkrussell
Generally, a child under the age of 12 can't be charged with a crime in MN. Now, the original poster didn't mention the age of this child but I'm thinking around the age of 3 or 4. Can you imagine prosecuting a child under the age of 5 for a crime? Can you show me a statute that would say a child can be prosecuted?
No one is saying the child will be prosecuted... but it is possible for the parents to be prosecuted.Quote:
Originally Posted by sigcopper
Hello again,
In addition to what the copper says, I can't believe that the mother could be prosecuted for neglect either, unless her daughter is running around UNSUPERVISED. That wasn't said or even suggested.
Nonetheless, it appears to me, that the OP is trying to live a city life in a very rural town. It may be LEGAL, but it gets the natives all riled up.
excon
Again, can you cite a statute that says that? I've seen children under 12 charged and sometimes prosecuted for crimes. I won't say its common. Very often children are pseudo arrested by local police to put a scare into them. But, depending on the crime, its certainly possible for a child to be prosecuted.Quote:
Originally Posted by sigcopper
I agree, in the OP's case, the child would not be prosecuted. But that doesn't mean the parents wouldn't be. Remember. This question was posted in a Law forum and answers here need to conform to prevailing statute. That's why I asked if you could cite statutes. Too often people throw out answers that are logical, but too often laws are not logical.
I miss typed the age. I should have typed age 14.
609.055 LIABILITY OF CHILDREN.
Subdivision 1. General rule. Children under the age of 14 years are incapable of committing
Crime.
Subd. 2. Adult prosecution. (a) Except as otherwise provided in paragraph (b), children
Of the age of 14 years or over but under 18 years may be prosecuted for a felony offense if the
Alleged violation is duly certified for prosecution under the laws and court procedures controlling
Adult criminal violations or may be designated an extended jurisdiction juvenile in accordance
With the provisions of chapter 260B. A child who is 16 years of age or older but under 18 years of
Age is capable of committing a crime and may be prosecuted for a felony if:
(1) the child has been previously certified on a felony charge pursuant to a hearing under
Section 260B.125, subdivision 2, or pursuant to the waiver of the right to such a hearing, or
Prosecuted pursuant to this subdivision; and
(2) the child was convicted of the felony offense or offenses for which the child was
Prosecuted or of a lesser included felony offense.
(b) A child who is alleged to have committed murder in the first degree after becoming
16 years of age is capable of committing a crime and may be prosecuted for the felony. This
Paragraph does not apply to a child alleged to have committed attempted murder in the first
Degree after becoming 16 years of age.
I've been in law enforcement for 22 years and have NEVER arrested a child to put a "scare" into them. Also, please note that my first word was "Generally".
Thank you, That's MN code correct?Quote:
Originally Posted by sigcopper
Also I said local police, I should have said small town police. I've known it to happen (scare arrests).
Yes, this is MN state statute. She never posted what state she is from and most if not all states have the same law concerning children. The OP has not come back with the age of the child which would be nice to know. I just find it hard to believe this child is over the age of 5 and running around naked.
It would be difficult to prosecute for neglect if the parent is around and the conditions of the home are fine or nearly fine.
Arresting small children to scare them is a horrible thing to do. Arresting people just to scare them is also illegal. This would be a false arrest and subject the officer to criminal penalties and a law suit. Many times parents have asked me to scare their children into wearing a seatbelt or stay in their car seat. No way will I do this. If the child is lost or needs to the police for any reason I want them to come to me and not fear me. Parents have done some crazy things.
Lets make sure we are on the same page. Arresting small children (pre-school age) for anything is ridiculous. Arresting school age children as a scare tactic MAY be an effective tool depending on the age and offense.
And yes, I dislike parents who use police officers as a bogeyman. Children should be taught that police officers are nice and there to be called on for help.
We are moving off target here, but I respectfully disagree with you. If I don't have probable cause to make an arrest and I'm only doing it to scare people, I'll be finding myself behind bars and the subject of a law suit. I don't know of anybody that has every done such a thing.
The child is 2 and as soon as she learned how to undress, it was ALL OUT! The same goes for most kids, it can be hard to keep them clothed at home, I think any mom can attest to that at least to some extent.
And YES, the police here do in fact go around looking for someone to harass, it's their hobby.
Anyway, it's resolved, anytime the baby is outdoors she will be clothed properly. Believe me, I don't want any (more) trouble.
I just thought it nonsense to complain about a baby that is nude playng outdoors... come on. I'm ALWAYS within 10 feet of her, as I said, it only happens when she wants to folllow me outside when I smoke. She is NEVER outdoors unsupervised, EVER, clothed or not. Hopefully the cold weather will thwart it completely! ;)
I wasn't worried about me being arrested, I was worried about CPS or something, I don't want to deal with those people!
It could be bored cops, it could be nosey neighbors, but whomever it is, as far as this issue, it's over. I'll make her a shirt that says F* The Police, that'll do it.
Nice, real nice. Way to teach your daughter respect for others. With parents like you, I'll have a job forever.Quote:
Originally Posted by passmeby
My final word on this, because it off topic and the OP is satisfied with the advice. The instances of know of were where children were at a transitional stage of life. The arrests were "processed" with the full knowledge and support of the child's parents. No record was kept of the arrest and they happened in small town police departments. In most of the situations I am aware of the tactic has worked more often than not.Quote:
Originally Posted by sigcopper
I can only tell you about GA and TN, where I was a police officer. But it also has a similar law and we could not "arrest" a child under 12 but we did take them into protective custody pending a review by either Children services or by the Juv court. They were never cuffed unless it was "for thier protection" I guess to stop the police officer from beating them when they keep hitting the officer. But not cuffed to detain or punish them.
We did confiscate skate boards, and dozens of other objects and told them their parents had to pick them up.
But the rule on not arresting or not committing a crime, does not stop a officer from detaining and taking the child into custody if needed.
Thread closed
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