When adults travel, they sometimes want to take part in more adult-oriented activities.
We’re a judgment-free zone here at YMMV, and over the years we’ve covered everything from countries where it’s legal to have public sex to the naughtiest adult only hotels & resorts in the world to the sex-themed adult theme park in Tokyo to countries where prostitution is legal.
However, there’s one topic readers have asked about several times that we haven’t really addressed.
Topless and nude sunbathing.
Well, that’s not entirely true. Earlier this year, we wrote about the cruise lines that allow topless and nude sunbathing. But if you’re not planning to spend your vacation at sea and would rather avoid tan lines on land, the rules can get a little more complicated.
As it turns out, where you can legally sunbathe topless or nude depends heavily on where you are.
Not so easy
Not surprisingly, different regions of the country have different laws. Also, unsurprisingly, the laws are sometimes pretty ambiguous. Case in point, a state can have a law that says public nudity is illegal, but topless sunbathing is OK. Or that a woman can be topless ONLY if it’s practiced without the intention of offending others.
Looking up the laws for every state would be an arduous task, but back in 2021, swimwear brand Pour Moi put together a state-by-state guide to topless and nude sunbathing rules in the United States. It’s still one of the more widely cited roundups on the topic, but it’s also several years old, so this should be treated as a starting point rather than current legal advice.
Which states allow it?
According to Pour Moi, there are 3 categories of states and how they feel about nude and topless sunbathing. They divided them by color:
- Green: Public nudity may or may not be accepted, but there are official nudist locations, and topless sunbathing is generally acceptable.
- Amber: Public nudity is deemed unacceptable but there are unofficial nudist beaches/resorts or reports that topless sunbathing is OK in specific locations/situation.
- Red: Public nudity of any sort is unacceptable.
Here’s how each state measures up:
Green
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Georgia
- Hawaii
- Idaho
- Illinois
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Michigan
- Minnesota
- Missouri
- Montana
- Nebraska
- New Hampshire
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oregon
- Pennsylvania
- Rhode Island
- South Dakota
- Vermont
- West Virginia
- Wisconsin
- Wyoming
Amber
- Delaware
- Florida
- Maryland
- Massachusetts
- Mississippi
- Nevada
- New Jersey
- Oklahoma
- Texas
- Virginia
- Washington
Red
- Indiana
- South Carolina
- Tennessee
- Utah
Of course, as with many laws involving public behavior, the details matter.
Just because a state appears in the “green” category doesn’t mean you can throw your clothes off at any beach, park, or public space and expect everyone to be OK with it. Likewise, a state listed as “amber” may have specific locations where topless or nude sunbathing is tolerated—or even quietly accepted—despite broader restrictions elsewhere.
And, of course, laws change.
Since Pour Moi compiled its research in 2021, state and local regulations may have evolved, court rulings may have altered how certain laws are interpreted, and individual communities may have adopted their own rules. Their original state-by-state page explains the specifics they reported at the time.
So if you’re planning to bare a little—or a lot—on your next vacation, it’s always worth checking the current local regulations before you pack your sunscreen.
After all, a relaxing day in the sun is a lot more enjoyable when it doesn’t end with a conversation with law enforcement.
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This post first appeared on Your Mileage May Vary
