Is Public Nudity Legal in New York?
ToleratedRestricted: private venues and exceptions only· Checked by Reto Pascal Wyss
No: New York Penal Law 245.01 makes it an offence to appear in a public place with the private or intimate parts of the body unclothed or exposed, with exceptions only for breastfeeding and performers in a show. The state's highest court held in 1992 that this section did not apply to women baring their breasts in a public park in noncommercial, non-lewd circumstances.[1][2]
Main provision: New York Penal Law § 245.01 (exposure of a person)
Designated nude beaches or tolerance?
We found no officially designated clothing-optional beach in New York in the sources we checked. The statute allows cities, towns and villages to adopt local laws prohibiting exposure in public places.[1]
Private naturist clubs and resorts
AANR's club locator lists New York among the states you can search for affiliated nudist clubs and resorts.[5]
Penalties
Exposure of a person is classed as a violation, punishable by up to 15 days in jail and a fine of up to $250.[1][3][4]
Is going topless legal?
In People v. Santorelli (1992) the Court of Appeals held section 245.01 not applicable to women who bared their breasts in a Rochester public park, in noncommercial, non-lewd conduct. The statute text still defines a female's intimate parts as including the breast below the top of the areola.[2][1]
Frequently asked questions
Is public nudity legal in New York?
No: New York Penal Law 245.01 makes it an offence to appear in a public place with the private or intimate parts of the body unclothed or exposed, with exceptions only for breastfeeding and performers in a show. The state's highest court held in 1992 that this section did not apply to women baring their breasts in a public park in noncommercial, non-lewd circumstances.
Are there official nude beaches in New York?
We found no officially designated clothing-optional beach in New York in the sources we checked. The statute allows cities, towns and villages to adopt local laws prohibiting exposure in public places.
Is nudity allowed at private naturist clubs in New York?
AANR's club locator lists New York among the states you can search for affiliated nudist clubs and resorts.
What is the penalty for public nudity in New York?
Exposure of a person is classed as a violation, punishable by up to 15 days in jail and a fine of up to $250.
Is going topless legal in New York?
In People v. Santorelli (1992) the Court of Appeals held section 245.01 not applicable to women who bared their breasts in a Rochester public park, in noncommercial, non-lewd conduct. The statute text still defines a female's intimate parts as including the breast below the top of the areola.
Sources
- N.Y. Penal Law § 245.01 (NY Senate) (statute)
- People v. Santorelli, 80 N.Y.2d 875 (1992) (Caselaw Access Project) (court)
- N.Y. Penal Law § 70.15 (NY Senate) (statute)
- N.Y. Penal Law § 80.05 (NY Senate) (statute)
- AANR Nudist Club Locator (federation)
This page summarises the law for travellers and is not legal advice. Laws, local bylaws and enforcement change; follow local signs and check the sources below. Last checked 31 October 2026.