Q: Is it illegal for my 5 year old son to be naked outside in New York State

A: There are three penal statutes that proscribe exposure of “intimate” parts of a person:

Exposure of a Person (Penal Law Section 245.01),

Public Lewdness (Penal Law Section 245.00), AND

Public Lewdness in the First Degree (Penal Law Section 245.03).

Exposure of a Person involves showing private or intimate parts of one’s body. Public Lewdness involves the display of private or intimate parts of one’s body in a lewd manner or those involving in a lewd act.

Under New York Penal Law Section 245.01, a person is guilty of Exposure if s/he appears in a public place in such a manner that the private or intimate parts of his or her body are exposed.

The Penal Law does not provide a definition of what is considered a “private or intimate part.” There is no definition of what “lewd” is and there is no definition of what a public place is. Case law includes a public bathroom as a public place, so exposing one’s private part in a public bathroom violates the statute.

Given all of this as a backdrop, there is no exclusion for children. There is an exclusion for lactating mothers feeding their babies, but a child running around naked at any age is violating the statute. There is also the chance there is a local ordnance which tightens the violation even further.

No matter the age, and given the inaccuracy of a typical criminal court (family court in the instance of a minor) coupled with the over-prosecution of any misbehavior, clothing the child is the best course of action to avoid government interloping.