Utah woman fights criminal charge after kids see her topless at home
A Utah woman is being charged as a sex offender after police were alerted to a past incident where her two stepchildren, ages 9 and 13, saw her topless inside her own home.
From the story:
Buchanan said in court documents obtained by the AP that she and her husband were working in the garage and had taken their shirts off when the two children entered the house.
She then “explained 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 the court documents.
“It was in the privacy of my own home. My husband was right next to me in the same exact manner that I was, and he’s not being prosecuted,” she added at the hearing, according to the AP.
I remember when my first wife had had a double mastectomy we would joke as to if it was now OK for her to go topless in public. While I don't think the answer clear in my state, and accept there are some...issues...to treating men and women differently, I think she would not be in violation of the law of UT. The "feminist" in the story? Xhe has a problem.
76-9-702.5. Lewdness involving a child.
(1) A person is guilty of lewdness involving a child if the person under circumstances not amounting to rape of a child, object rape of a child, sodomy upon a child, sexual abuse of a child, aggravated sexual abuse of a child, or an attempt to commit any of those offenses, intentionally or knowingly does any of the following to, or in the presence of a child who is under 14 years of age:
(a) performs an act of sexual intercourse or sodomy;
(b) exposes his or her genitals, the female breast below the top of the areola, the buttocks, the anus, or the pubic area:
(i) in a public place; or
(ii) in a private place:
(A) under circumstances the person should know will likely cause affront or alarm; or
(B) with the intent to arouse or gratify the sexual desire of the actor or the child;
(c) masturbates;
(d) under circumstances not amounting to sexual exploitation of a child under Section
76-5a-3, causes a child under the age of 14 years to expose his or her genitals, anus, or breast, if female, to the actor, with the intent to arouse or gratify the sexual desire of the actor or the child; or
(e) performs any other act of lewdness.
(2) (a) Lewdness involving a child is a class A misdemeanor, except under Subsection (2)(b).
(b) Lewdness involving a child is a third degree felony if at the time of the violation:
(i) the person is a sex offender as defined in Section
77-27-21.7; or
(ii) the person has previously been convicted of a violation of this section.
Amended by Chapter 354, 2009 General Session