In NY state it is legal to be topless in public, as long as not lewd. If 18yr & 14yr old fems topless at beach

Question

Thanks for the link. Getting my money's worth out of this question. I suppose I'm curious as to: since '92 case removed toplessness from s*x/nudity laws into gender equality, what are implications for case such as my example. Does age matter to gender equality, is it still removed from s*x/nudity laws? More a legal philosophy question, certainly little caselaw.

Answer 1

I wondered if you were referring to that case - I am old enough to remember it in the news.

Are you sure it is applicable state wide? IIRC it was pretty specific to some location upstate somewhere.

Part of my reason for thinking that is because it has hardly become widespread since then, in any location or at any age.

Age of consent is a completely different concept - you might as well be asking if restaurant food regulations are being violated.

Since you are talking "philosophy", sometimes there are gray areas for which there is no answer until someone tests it. That is why we have courts and due process - to resolve disputes.

If no one ever goes topless, then the issue is moot. If they do, and, absent a clear ruling, police etc. decline to act, the issue is still moot.

Answer 2

Yes, its in public and its public indecency. Its not just morally wrong but minors being nude of half nude is also a form of child neglect or endangerment. Wether or not the 14 yr old voluntarily takes off her top or not she is not at the age of consent to expose her body in public but thats irrelevant because no one is allowed to publicly expose themselves.

Answer 3

nope.  

Answer 4

I think you need to read the state laws.

Someone has fed you a load of c**p.



As I said, read the law... does not apply to 'topless' (in the way you mean it).

It is related to the right to breast feed.

Urm... sort of... not 'won' but thrown out so as not to challenge it. The element of the law is still being debated. Many don't feel it was meant to mean only commercial in the strict sense, but recreational also... But wasn't one attempt to use it squashed on the basis that the girl was accepting drinks? She faced worse charges in the end perhaps. lol.

§ 245.02 provides the ability to prosecute anyone coercing a 14 year old into it...

http://www.nac.oshkosh.net/StatesFrames/...

I agree. As a legal question it is rather interesting...  and could be the basis to overturn the precedent... If 14 year old boys can be topless (which they can), can 14 year old girls?  Would those who agree with it, consider it a gender fairness issue then? I have my doubts they would. Many who fight for these things do not understand the larger ramifications...

If it is right for all (ie: sexless), it opens dangers for the protections of children many of us have fought for for so long.

(PS: It may have been your inital wording that set off the firestorm.)

Answer 5

No way that would be legal. Especially the 14 year old!!

Answer 6

I'm not going to try to answer this question directly because I'm not a lawyer yet and cannot give legal advice. I will tell you some peripheral information that is relevant, but I don't know how it plays out for a 14 year old. Public indeceny laws on the books in New York outlaw this. However, courts in New York have ruled that this law violates the equal protection provision in the New York constitution. Many other states agree, but there is no case I know of dealing with the federal constitution on this point, so it's left up to each state to decide. However, the court may disagree when it comes to a minor. I don't know how it would play out.

Don't do this or not do this based on my answer, but I hope you find the law on the matter interesting academically. If you want a more definitive answer, get a lawyer. Perhaps you could seek a declarative judgment if there is no case-law on point.

Answer 7

Actually it's legal for all people to be topless in all states. If they arrest you for being topless, claim gender discrimination, because no one would think twice if you were a man.