Acworth, GA asked in Criminal Law for Georgia

Q: Is wearing a thong bathing suit to the pool/lake considered indecent exposure in the state of Georgia?

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1 Lawyer Answer
Zachary Taylor Beck
Zachary Taylor Beck
Answered
  • Criminal Law Lawyer
  • Rome, GA
  • Licensed in Georgia

A: O.C.G.A. sec. 16-6-8 provides: A person commits the offense of public indecency when he or she performs any of the following acts in a public place:

1. An act of sexual intercourse;

2. A lewd exposure of the sexual organs;

3. A lewd appearance in a state of partial or complete nudity; or

4. A lewd caress or indecent fondling of the body of another person.

For obvious reasons, 1 and 4 are likely not applicable. Thus, as long as the blue thong type bathing suit does not expose your sexual organs (i.e., subsection 2) and does not render you partially or completely nude (i.e., subsection 3), then no. However, subsection 3 seems somewhat subjective: what does partial nudity mean? Thus, what one jury declares is partial nudity, another may not. Therefore, proceed with caution when wearing thong type bathing suits.

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