Know the Law!

State Park Regulations

Many of you have asked questions about the possible consequences of being cited for nudity at San Onofre. Here’s what you need to know:

The California Code of Regulations Title 14 contains the rules that the public must follow within the California State Parks. CCR section 4322 regulates nudity within the State Parks. It states following:

Nudity. No person shall appear nude while in any unit except in authorized areas set aside for that purpose by the Department. The word nude as used herein means unclothed or in such a state of undress as to expose any part or portion of the pubic or anal region or genitalia of any person or any portion of the breast at or below the areola thereof of any female person.

Section 4322 is a public nudity regulation and should not be confused with indecent exposure or lewd conduct. Since it only addresses the issue of simple nudity such as sunbathing or skinny-dipping, it is not a registerable sex offense.

Section 4322 can be cited as either an infraction, or a misdemeanor. The fine for an infraction is about $200 and about $400 for a misdemeanor. The fines are about the same as for littering or excessive noise in the park. The San Diego District Attorney will be in charge of prosecuting the cases. If handled properly, it likely that the case could be dismissed. So I encourage people to not just pay the fine.

Being cited for nudity at the beach is actually quite minor, especially if you are dedicated to fighting for what you believe in. I believe we should stand our ground, and not succumb government oppression.

If a person is cited, I strongly encourage them to contact me immediately. If possible, get the officer’s name and badge number. I can explain the legal options and may be able to help someone handle the situation.

I can be reached at:

714-962-0915 or rab@baylislaw.com

Allen Baylis

President, Friends of San Onofre Beach