Common to all utilisations of the term "endangerment of the (general) public" in legal practice is, that it describes a serious, latent danger to the life or physical condition of one or more people – but simple nudity, as it takes place in a nude hike or an athletic activity in the nude, does not cause any (serious) danger at all.
Therefore, simple nudity does not fulfil the fact of "endangerment of the (general) public"
The regulative law in Germany comprehends the entirety of all law, which serves to protect public security and order against dangers and disturbances, thus the matter of the danger defence. In detail, the following topics are to be distinguished:
- Grossly offensive act
- Endangerment of the public
- Disturbance of the public
- Disturbance of the public order
- Why the law might be different for a built-up area
However, the term "endangerment of the public" is quite capable of interpretation. We have discovered some judgments, that deal with endangerment of the public.
We have discovered one special case law regarding nudity on own property.
And the very special Niehenke case.