I don't know what Statute or Ordinance the sunbather was charged with at Smithville Lake, but this is the statute most commonly used to prosecute public nudity in Missouri.
http://www.moga.mo.gov/statutes/C500-599/5660000093.HTM
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Sexual misconduct, second degree, penalties.
566.093. 1. A person commits the crime of sexual misconduct in the second degree if such person:
(1) Exposes his or her genitals under circumstances in which he or she knows that his or her conduct is likely to cause affront or alarm;
(2) Has sexual contact in the presence of a third person or persons under circumstances in which he or she knows that such conduct is likely to cause affront or alarm; or
(3) Has sexual intercourse or deviate sexual intercourse in a public place in the presence of a third person.
2. Sexual misconduct in the second degree is a class B misdemeanor unless the actor has previously been convicted of an offense under this chapter, in which case it is a class A misdemeanor. #####
END OF STATUTE CITATION
Any case involving prosecution under this statute needs to be vigorously defended. Since there is well documented evidence that people have been sunbathing nude at this cove for years. I fail to see how a Judge or Jury could conclude that a sunbather would "KNOW that his or her conduct is likely to cause affront or alarm".
Any attorney worth his or her salt should be able to get a case involving this statute (and only public nudity) tossed or aquitted based soley upon the prosecution not being able to prove: "he or she knows that his or her conduct is likely to cause affront or alarm"
If anyone knows that this is not the statute the sunbather was charged with and knows which statute or ordinance was cited, could you please post?
If anyone knows who the attorney representing the defense in this case might be, it would be nice to know so those of us bold enough to volunteer to testify (on behalf of the defense) that there have been plenty of people sunbathing nude without affront or alarm at this location for several years.