Do you ever walk around your apartment in the buff? You might want to think about who can see you.
While most people try to avoid being spotted naked in their homes by passersby, others may put on a bit of a show.
But exhibitionists be warned — your nude displays are probably illegal.
Of course, what you are doing while naked may determine whether or not it is considered a punishable offence. For example, if you quickly dash across your living room to grab a pair of pants, you might not be in trouble. Naturally, sex and masturbatory acts are considered big no-nos.
According to the Canadian Criminal Code , no one can be nude, without lawful excuse, in a public space or on private property while exposed to public view; it doesn't matter if the property is their own or not.
Anyone who is nude in public view is "guilty of an offence punishable on summary conviction."
Nudity on private property in B.C.
Vancouver criminal lawyer Kyla Lee told Vancouver Is Awesome that people who have windows that are visible to the public need to ensure they are not spotted in the nude. It doesn't matter if the windows are a couple of storeys high, either.
"So practically speaking, you cannot be nude in your house if it is on view to the public at large," she explained. "I mean the obvious solution is to use window tint that prevents the public from seeing in or close the blinds."
Someone who quickly walks from a bedroom to the bathroom is likely not to attract scrutiny or charges, notes Lee. "Typically it's the folks who stand in full exposure staring outside that are the ones who get charged or calls from police."
Many windows may not be visible to the public depending on the lighting conditions or the time of day.
"So if you're living somewhere that you want to be nude and there are public-facing windows, my suggestion would be to pay attention to the circumstances in which the windows are not visible to the public and make sure that you are only nude in those situations," she adds.
"But.... be very sure! Because if you are mistaken then you may end up charged."
What if you take several steps to avoid being spotted sans clothing but someone still sees you?
Lee says you could raise a due diligence defence by showing that you took all reasonable steps to avoid being visible to the public while naked.
