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1
Nudity and the Law in Washington State
 
Originally posted in my Nude Hiking and Soaking blog on Jan 29
th
, 2008
 A question often expressed in the various nudist forums:
 I've hiked in the buff in Washington, but I don't want to worry about being seen because it's illegal. I've been to Rooster in Oregon and it wasgreat. But I want woods and trails and legal nude hikes to lakes, riversand hot springs. Legal to and from. Any ideas? Sure would appreciateany help.
 Disclaimer: Legal information is not the same as legal advice . . . the application of law to an individual's specificcircumstances. Consult a lawyer for interpretation and information appropriate to your particular situation.
 
"It's Not Illegal, Therefore It Must Be Legal"
I've had many disagreements, with those whose opinions I respect, overthe meaning of '
legal 
'. In our legal system it is accepted that what thegovernment does not prohibit (makes illegal by a law, for example), istherefore permissible and legal. I accept that philosophicalunderpinning of our legal framework. Where my problem comes in is with the confusion and interchangeability of the term '
legal 
' and '
legal rights
'. Lacking any specific law prohibiting nudity, going about nakedmay be legal in the State of Washington but that does not give you a'
legal right 
' to be nude in this state. Public nudity is not a '
legal right 
'anywhere in Washington . . . the term '
legal 
' implying a codification of a'right'. On other words, your right to be nude in public is not protected by law anywhere in Washington State. Please do not confuse the twoterms.That said, anti-nudity statutes, making public nudity illegal, exist on the books in many municipal and county areas; so it is prudent to researchand know the laws in developed areas. For practical purposes, it is not agood idea to go about nude where it is not expected or tolerated withinthe city (outside of your own home or secluded property.)
 
2
Municipalities
 It is a rare town or city that has not promulgated an anti-nudity ordinance of some sort . . . or rapidly rushed one into being when faced with complaints of public nudity. Seattle has had anti-nudity ordinancesin the past but presently doesn't have one, instead relying on the stateindecent exposure law to prosecute nudity within the city limits.Municipalities may also prosecute simple nudity under various'disorderly conduct' ordinances. For example, this is Seattle's Disorderly Conduct ordinance (partial, relevant part):SMC 12A.12.010 Disorderly conduct. 
 A. A person is guilty of disorderly conduct if he or she intentionally,maliciously and unreasonably disrupts any assembly or meeting of  persons and refuses or intentionally fails to cease such activity whenordered to do so by a police officer or by a person in charge of theassembly or meeting.
 While nudity is not mentioned, note that if you are told by a police officeto put your clothes on and you refuse, you can (and probably will) becited for disorderly conduct, at the minimum.It is important that if you plan on getting publicly nude within the limitsof a municipality that you have a pretty good understanding of whatlocal law enforcement w ill tolerate. Festivals and events like  theFremont Solstice Parade(Solstice Cyclistshere) or the World Naked  Bicycle Rideare generally tolerated but if you walk naked as the day you were born up Main Street in downtown Everett you will end up in jailpost haste!
 
3
County Ordinances
Every county is different on how they approach so-called public morality laws. Here in King County there is no ordnance prohibiting publicnudity. Complaints of nudity are usually handled under municipalordinances (if appropriate) or the state Indecent Exposure laws.Just to the north, Snohomish County does have an ordinance (10.4.20) )making public nudity within it's borders illegal. Passed to provide toolsfor the arrest of prostitutes and their 'customers', this ordinance has been used against simple expression of nudity within that county.
 Washington State Code
The statute used most often in the State of Washington for prosecutingcases of nudity (simple or otherwise) is the Indecent Exposurestatute,RCW 9A.88.010 and I'm going to quote part of it here as I think  an understanding of this statute is very important as it affects nudists:
 RCW 9A.88.010 Indecent exposure.(1) A person is guilty of indecent exposure if he or she intentionallymakes any open and obscene exposure of his or her person or the person of another knowing that such conduct is likely to causereasonable affront or alarm. The act of breastfeeding or expressingbreast milk is not indecent exposure.
In order to make a charge of indecent exposure, and to have it stand incourt, all elements above have to be met:1.
 
 An
OPEN
and
OBSCENE EXPOSURE
 2.
 
That it was done
INTENTIONALLY 
, and3.
 
That it likely would cause reasonable
 AFFRONT or ALARM
 
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