QUOTE(ancientguy2 @ May 13 2015, 02:57 PM)
Condo / apartment residents are not general public.
Is it visible to passer-bys on the street or commercial jets flying near there ?
BAR COUNCIL IS more stupid
it's visible to the neighbours, obviously
US law, but i think it applies
"What is a “public place”?
While this definition varies by state, acts in places accessible to the general public, such as roads, stores, parks, and restaurants certainly fall within the public place requirement. Moreover, lewd acts in other environments not open to the general public, such as jails and hospitals, may suffice.
In fact, in many states, acts in any place visible to the public satisfy this element of public lewdness. For example, sexual activity inside an automobile that is visible to someone outside the automobile constitutes lewd behavior. Similarly, lewd acts inside a private home may meet the public place requirement if persons outside the home can observe the acts.
In one case, a 2014 prosecution in Utah, a man faced misdemeanor charges of both lewdness and lewdness involving a child for conduct in his own yard. He allegedly lay sunbathing within the confines of his property, but only a chain-link fence separated him from an adjacent church parking lot. From that lot, adults and children could reportedly see him and his genitalia. (For more on the case, see Nude Sunbathing on Private Property: A Crime?)
What if the defendant did not intend public exposure?
While the prosecutor must prove that the defendant intended to commit the act in a public place, the law, in determining intent, considers whether a reasonable person in the same circumstances would have known the act would be open to observation by others. If the jury answers “Yes,” the prosecutor has met his burden in proving intent. In other words, if a defendant recklessly disregards a substantial risk of exposure to other persons, the law considers the intent element satisfied."
http://www.criminaldefenselawyer.com/crime...ic-Lewdness.htm