A Farmington, Utah man was under the impression that he could sunbathe nude on his own property, even though he was in full view of his neighbors — one of which was his local Church of Jesus Christ of Latter-day Saints ward house.
From the Ogden Standard-Examiner:
FARMINGTON — A man who claimed he could sunbathe in the nude in his own backyard appeared in court for his first hearing fully clothed.
Myron Lee Kipp, 76, of Farmington, is charged with four counts of lewdness involving a child and three counts of lewdness, all misdemeanors.
Kipp and his attorney, Bill Albright, appeared before Judge John Morris on Wednesday. Another hearing is scheduled for Aug. 12 before Judge David Connors.
According to the probable cause statement filed in 2nd District Court on July 8, Farmington police were called to investigate a man “sunbathing nude in his backyard” on March 5.
When the officer arrived at the Farmington address he pulled into a church parking lot and was able to see the man and his genitalia, according to the document. The officer contacted one of the witnesses who told the officer, he, his wife, their two children, and another woman with her two children had all seen the man and his genitalia from the church parking lot.
The man’s yard “is fenced, however the fence is chain link with no privacy slats,” according to the document.
“The fence offers no privacy from the church or the neighbors,” according to the document.
When the police officer approached the man, who was identified as Kipp, he told the officer, “he was sunbathing and that it was his property and he could do it if he wanted,” according to the document.
“The suspect was completely nude when I approached him,” the officer wrote.
According to the National Weather Service, the temperature on March 5 at 1 p.m. when Kipp was arrested was 54 degrees, with scattered clouds and south winds blowing between 10 mph to 15 mph.
While I have to wonder if anyone could actually see "his genitalia" when it was 54 degrees and windy (talk about shrinkage), he is not correct that he can do whatever he wants in his back yard. Utah law makes it illegal to be nude in a public place or even in a private places "under circumstances which the person should know will likely cause affront or alarm to another." If he is found guilty of any of the charges, his name will be added to the Utah State Sex Offenders list.
We may disagree that sunbathing nude is lewd behavior, but that is the law of the land. Please be careful.