The Naked Truth: Women’s Topless Rights in New York

The issue of public nudity, particularly regarding women going topless, has been a topic of debate and confusion for years.

In New York, the laws surrounding public nudity are somewhat complex and can lead to misunderstandings so here’s an overview of the law to help clarify things.

Legal Context in New York

In New York, women can legally be topless wherever it's legal for a man to be topless. The New York Supreme Court ruled in 1992 to amend Penal Law 245.01, allowing women to legally go topless in public spaces. This legal change was based on concerns related to gender equality. Despite this legal standing, there have been instances where women were erroneously arrested for being topless in public since 1992, leading them to file lawsuits against law enforcement for damages.

While the law permits toplessness for women, it’s important to remember that legality does not necessarily equate to social acceptance.

Potential Charges and Exceptions

Despite New York allowing women to be topless in areas where it’s legal for men to be topless, there are still certain legal considerations regarding public nudity in New York. Two specific crimes related to public nudity are public lewdness and exposure of a person. Public lewdness, categorized as a class B misdemeanor, involves lewd acts or exposing intimate body parts in public. On the other hand, exposure of a person is a violation, with a maximum penalty of 15 days in jail.

However, there are exceptions and grey areas. For instance, breastfeeding in public is never considered a criminal offense. Additionally, the definition of "public" and the context of the situation, such as participation in a play, exhibition, or protest, can also affect the legal implications of public nudity.

Securing Legal Representation

If you’re a woman who plans to go topless, it might be best to reach out to a criminal defense attorney first and be sure that they’re familiar with the specific laws in New York just in case you run into any potential legal consequences.