Summer Driving Q&A…Can You Legally Drive Naked in Wyoming?
Usually, when you hear someone talking about "topless driving," they're talking about taking the top off a Jeep or maybe a convertible. But, uh, apparently, it's not uncommon for people to wonder if they can drive naked.
According to a Google search (because Google has all the answers, right?), there are over 156,000,000 search results for "can you drive naked?" And the answer to that inquiry may surprise you.
According to FindLaw, an online depository of up-to-date legal knowledge for public use, it's not illegal in any U.S. state to drive without pants...and "generally, being naked in your car isn't necessarily against the law." But...there are some caveats.
The issue with driving...er...topless is that it can be considered public indecency if someone sees you doing it. But each state's version of what constitutes indecent exposure varies.
DISCLAIMER: I'm not a lawyer, so if you want to be 100% sure about this topic, seek legal advice. The following info is from public resources you can access for your research purposes.
But What About Driving Naked in Wyoming?
Surprisingly, no law technically disallows naked driving in the Cowboy State. However, Wyoming does have a public indecency statute that may apply to such driving activities. As far as the law goes, public indecency hinges on one critical aspect - the driver's intent.
According to Wyoming State Statute 6-4-201, public indecency charges hinge on individuals intending to arouse desire in themselves or others in a public place with a reasonable expectation of being seen. For example, driving on a busy highway around a bunch of other drivers is very public.
Isn't A Car Private Property? Can't You Do What You Want in YOUR Car?
Generally, vehicles are considered private property. That's why police need probable cause to search your car without a warrant (find more info on vehicle police searches here.) However, according to HG - another online legal resource - the issue is that your vehicle has windows, and seeing naked through a window you know other people can see through it qualifies as "public." Even if your car windows are tinted, you have to worry about not leaving your vehicle until you are clothed. When you leave your vehicle, you are entirely visible to any passersby.
Wyoming Statutes Title 6. Crimes and Offenses § 6-4-201. Public indecency; exception; penalties
(a) A person is guilty of public indecency if, while in a public place where he may reasonably be expected to be viewed by others, he:
(i) Performs an act of sexual intrusion, as defined by W.S. 6-2-301(a)(vii); or
(ii) Exposes his intimate parts, as defined by W.S. 6-2-301(a)(ii), with the intent of arousing the sexual desire of himself or another person; or
(iii) Engages in sexual contact, as defined by W.S. 6-2-301(a)(vi), with or without consent, with the intent of arousing the sexual desire of himself or another person.
(b) The act of breastfeeding an infant child, including breastfeeding in any place where the woman may legally be, does not constitute public indecency.
(c) Public indecency is a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.
Does Driving Without a Shirt Count as "Public Indecency?"
It's common to see guys driving or evening walking around the city shirtless in the summer. It's not construed as indecent. But did you know that women can legally walk around and therefore drive topless in the summer?
The 10th Circuit Court in Colorado, which holds jurisdiction over Wyoming, Colorado, Oklahoma, Kansas, and New Mexico, ruled in the 2019 court case Free the Nipple v. City of Fort Collins that bans on women going topless were unconstitutional since the bans relied on the "negative stereotype depicting women's breasts, but not men's breasts, as sex objects" as opposed to their primary function as "feeding children."
So, here in Wyoming, ladies can drive and walk around topless without breaking the law. But that doesn't mean anyone, regardless of gender, can drive or walk around totally naked in a public place.
So, Is It EVER Legal to Drive Naked in Wyoming?
Technically, there's no law explicitly describing naked driving as illegal. If you plan on driving sans clothing, use less-traveled roads and be prepared to throw on a shirt and pants if you need to leave the vehicle.