Unintentional loophole in city code allows some public nudity

Unintentional loophole in city code allows some public nudity
(Image via Sacramento Bee)

A person can walk down the streets of Sacramento in the nude without any legal problems under a loophole in the city’s public nudity law.

The culprit is section 9.04.060 of the Sacramento city code. It outlaws nudity in public parks, playgrounds and beaches, but it leaves out streets and sidewalks.

Under that law, a nude person would be violating the law if they were in Cesar Chavez Park, but technically they wouldn’t be if they stepped onto the sidewalk. …

Sacramento wants to close the loophole, rewriting what it calls in outdated ordinance. A staff report says several people were arrested last year with everything exposed in public, but the Sacramento County District Attorney’s Office couldn’t prosecute them under Sacramento’s current law.

The report explains California’s indecent exposure law didn’t apply either, because even though they were naked, they didn’t have lewd intent or engage in sexually gratifying behavior.

The city says the new law will take the technicalities out of prosecuting public nudity.

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