State v. Rocker
475 P.2d 684 · Hawaii Supreme Court · 1970
Facts
Richard Barry Rocker and Joseph Cava openly sunbathed nude on Puu Olai beach in Makena, Maui, on February 26, 1969. Police received an anonymous phone call and subsequently observed the defendants from a ridge, seeing them completely nude. The officers then approached and arrested them for indecent exposure. The defendants were engaged only in sunbathing, and several other people were present on the beach. Both defendants had frequently sunbathed nude at this beach prior to their arrest. The beach was isolated by a hill and a ledge but accessible by a well-worn path and known to be a popular fishing spot.
Procedural history
The defendants-appellants waived a jury trial and were found guilty in the circuit court of the second circuit for violating HRS § 727-1. They appealed this conviction to the present court, which affirmed the lower court's rulings, including the denial of a motion for acquittal.
Issue
Did the defendants create a common nuisance by sunbathing nude on a public beach, and does a person have a right of privacy to sunbathe nude on such a beach? Did the trial court err in denying the motion for acquittal, and did it apply an erroneous legal test in reaching its decision?
Holding
The court affirmed the conviction, holding that nude sunbathing on a public beach under these circumstances constituted a common nuisance. The court also held that the defendants did not have a right of privacy to sunbathe nude on a public beach. The trial court did not err in denying the motion for acquittal, and its verdict was supported by substantial evidence.
Rule
A common nuisance, specifically indecent exposure under HRS § 727-1, requires an indecent exposure of the person in a public place where it may be seen by others, even if only one person actually sees it. The elements include a general intent, inferred from conduct and circumstances, that the exposure was made where it was likely to be observed by others. A place is public if the exposure is likely to be seen by a number of casual observers. The constitutional right of privacy does not extend to nude sunbathing on a public beach, as such a location is not one where a person can reasonably expect freedom from governmental intrusion or violate the rights of others.
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