Are skimpy thong swimsuits allowed at beaches and pools in California? What the law says
As parts of California swelter under scorching temperatures, many Golden State residents are seeking relief from the heat at beaches and swimming pools.
Before you head out, it’s important to know what you can — and can’t — wear in a public place in California.
California has general laws against public indecency.
Do these laws apply to wearing a skimpy swimsuit at the pool or beach?
Here’s what you need to know:
What is considered public indecency under California law?
California Penal Code 314 says it is a crime for a person to expose their “private parts” in any place where there are other persons who could be annoyed or offended by it.
“Private parts” are defined as male and female genitalia, Shouse California Law Group said.
This means a person’s buttocks or breasts are not considered private parts
According to Kann California Law Group, the following criteria must be met for someone to be guilty of indecent exposure:
- Willfully intend to break the law;
- Expose your genitals or naked body;
- Be in the presence of others who might be offended or annoyed by it;
- Intention to direct attention to yourself; and
- Intention to sexually gratify yourself or offend someone else by doing so.
Can you wear a thong bikini on the beach in California? At the pool?
Wearing a thong bikini, swim briefs or other revealing swimwear in public does not violate California’s indecent exposure law, according to law firm Eisner Gorin LLP.
Neither does going topless.
“The genitals under PC 314 must be either male or female genitals fully exposed,” the law firm said. “Female breasts or exposing underwear don’t qualify for prosecution.”
California law protects a woman’s right to breastfeed in public.
Since the California Constitution allows cities and counties to create and enforce local ordinances and regulations within their boundaries, each place can make its own rules regarding what is considered public indecency.
This means full nudity is allowed at some spots, including Pirate’s Cove in San Luis Obispo County, while rules against exposing breasts or buttocks are enforced in other areas, such as beaches in Santa Cruz County.
What is the punishment for indecent exposure in California?
Under California Penal Code 314, anyone found guilty of violating this statute will be charged with a misdemeanor.
A misdemeanor charge of indecent exposure can result in up to six months in county jail, a fine of up to $1,000 and a requirement to register as a sex offender for at least ten years, Kann California Law Group said.
This story was originally published July 12, 2024 at 1:06 PM with the headline "Are skimpy thong swimsuits allowed at beaches and pools in California? What the law says."
