Naked in the Garden of Eden? Only If You’re in a Private Club

By: John Guidry

A quick reading of the Book of Genesis gives us a glimpse of the first environmentalist, noting that God put man “in the garden of Eden to tend and keep it.” Gen 2:15. A few sentences later, the Bible describes Adam and Eve, noting that “they were both naked, the man and his wife, and were not ashamed.” Gen 2:25.

Here in Florida, there are several places where folks are both naked and not ashamed. The question for the day is: When is it legal to be naked—and when is it not?

The answer usually comes down to three things: Location, Location, Location.

Arrested for lewdness or exposure in Orlando? Don’t let a “misdemeanor fun” investigation by undercover cops ruin your reputation. Call John Guidry today at (407) 423-1117.

The “Private Club” Defense: Silvers & Hall

In State of Florida v. Silvers and Hall, 7 Fla. L. Weekly Supp. 592c, the Broward Sheriff’s Office conducted an undercover operation at a swinger’s club called “Trapeze.” The cops were looking for prostitution but couldn’t find any. Instead, they found a lot of naked people in hot tubs. Several officers “volunteered” for this important operation, spending taxpayer dollars to hang out in hot tubs just to make the city “safer.”

When the police finally stormed in and arrested the swingers for lewdness, the court threw the cases out. Why?

• The “Offense” Requirement: Under Florida law, lewdness (in a private setting) requires that the act causes offense to someone viewing it.
• The Cop Rule: Our courts have held that a police officer is not a member of the “public at large.” As the Silvers court reasoned, you generally cannot legally “offend” a cop who is there specifically to investigate the conduct. They aren’t “unsuspecting members of the public.”

The “Public Place” Trap: Kees and the Red Horse Saloon

While you might be safe in a private, members-only club, the rules change the second you step into a “public place.” In State v. Kees, 919 So. 2d 504 (Fla. 5th DCA 2005), the Seminole County Sheriff’s Office investigated the Red Horse Saloon. Unlike a private club, this bar was open to the general public.

The court ruled that if the activity happens in a public place, the State doesn’t need to prove that anyone was actually offended. The act of being naked or performing sexual acts in public “inherently intrudes upon the rights of others.” It’s an “insane” double standard, but it means if a cop walks into a public gym and sees you naked, they don’t have to find a “disturbed citizen” to testify—the location itself is enough for a conviction.

John’s Takeaways for 2025

• Public vs. Private: If you are in your own home or a private, gated club with warning signs, the State must prove you intended to offend someone. If the only person there is an undercover cop, they’ve got a failure of proof.
• The “Intent” Factor: Under Schmitt v. State, nudity is not a crime unless it is coupled with a “lewd or lascivious” intent. An accidental “wardrobe slip” or changing your clothes in what you thought was a private spot isn’t a crime.
• 2025 Undercover Tactics: In 2025, we are seeing more “electronic lewdness” charges. Police are using apps and “virtual” undercover operations to bait citizens into sending images. The “typical script” hasn’t changed—only the technology.
• Body Cam Evidence: Today, these “naked hot tub” investigations are all caught on body cam. We use that footage to show that the “offended” officers were actually participating or encouraging the behavior, which can lead to an entrapment defense.
• Breastfeeding is Protected: It is “sad but true” that people still get harassed for this, but Florida Statute § 800.03 explicitly protects a mother’s right to breastfeed in public.

The justice system is harsh, and it is a colossal waste of taxpayer money for grown men in badges to spend their nights “investigating” private parties. Whether you are in Orange, Seminole, or Osceola County, I’ve been defending the citizens of Central Florida against these “morality police” tactics since 1993.

If you’ve been caught in a “lewdness” sting, don’t let the prosecutor’s “blabbing” about public decency scare you. Let’s look at the location and the law.

Facing lewdness or exposure charges? Call John at (407) 423-1117.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.