Tilli Buchanan may have to register as a sex offender after being charged with lewdness for being topless in her own home in the presence of her stepchildren.
On Tuesday, a Utah judge ruled the state's lewdness law is constitutional and declined to dismiss charges against a woman who faces jail time for being topless in front of her stepchildren in her home.
She explained to the children, who were then 9, 10 and 13, that"she considers herself a feminist and wanted to make a point that everybody should be fine with walking around their house or elsewhere with skin showing," according to court documents. The incident was reported during an investigation of a Division of Child and Family Services case involving the children, but not Buchanan. The children's mother reported the incident, saying she was"alarmed" by what Buchanan had done.
Lawyers for the American Civil Liberties Union of Utah argued against the constitutional viability of that law, saying it promotes sex-based discrimination, noting that Buchanan's husband was as nude as she was at the time, and yet had not charged with a crime. Buchanan's lawyers asked for the law to be stricken down, the dismissal of all charges against her and that any language which declared it unlawful for a woman to bare her breasts be removed from state law.
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