A judge refused to overturn part of Utah’s lewdness law on Tuesday in a blow to a woman who is fighting criminal charges after her stepchildren saw her topless in her own home.
Judge Kara Pettit sided with prosecutors who argued that lewdness is commonly understood to include women’s breasts in American society, the Salt Lake Tribune reported. Judges should not second-guess what lawmakers have decided is lewd conduct, she wrote.
It wasn’t immediately clear whether Tilli Buchanan would appeal the ruling. If she does not, her misdemeanor charges would move toward trial. If convicted, she could face jail time and be forced to register as a sex offender for 10 years.
Buchanan and the American Civil Liberties Union of Utah had pointed to a court ruling that overturned a topless ban in Colorado and helped fuel a movement. They said Utah’s law on lewdness involving a child was unfair because it treated men and women differently for baring their chests.........https://www.theguardian.com/us-news/2020/jan/21/utah-woman-topless-stepchildren-tilli-buchanan