Facts
The appellant [X.] (born 1964) was convicted by the High Court of the Canton of Appenzell A.Rh. for indecent conduct within the meaning of Art. 19 para. 2 of the Cantonal Criminal Law Act of the Canton of Appenzell A.Rh. and fined 100 Swiss francs. On 11 October 2009, he had hiked nude in a recreational area near Herisau, passing, among other things, a campfire occupied by a family with small children and a Christian rehabilitation centre for drug addicts.Considerations
The Federal Court considers the conviction to be lawful. The cantons are entitled, based on Art. 335 para. 1 of the SCC, to criminalize nude hiking in public spaces. Art. 19 para. 2 of the Cantonal Criminal Law, which punishes the gross violation of morals and decency in public, is sufficiently precise. Nude hiking can be qualified as a gross violation of morals and…