Nantucket To Decide If Women Can Go Topless At Beaches Next Year

[lrfox]

Originally Posted by GeoffD

I dug through the statutes. Here is the indecent exposure penalty. There isn’t a definition of exactly what indecent exposure is.
https://malegislature.gov/Laws/Gener...r272/Section53

Here are the current prosecution guidelines.
https://www.mass.gov/doc/7340-indece...-s-53/download

The way I read this, exposed breasts is already not treated as indecent exposure. There is no state penalty since breasts aren’t considered to be genitalia.

Right, but they can be treated as "Open and Gross Lewdness" under MGL 272-16. The law itself is vague, but the prosecution guidelines specifically refer to "female breasts."

My guess, and this is way out of my depth, is that the AGO will try hone in on this section of the instructions:

• "That the defendant’s act was done in such a way as would alarm or shock a reasonable person"
• "The display of nudity must be intentional, done in a manner to produce alarm or shock, and must actually produce alarm or shock that is a "serious negative emotional experience," and not just nervousness and offense."

And claim that while some people may be uncomfortable or offended by exposed breasts, no reasonable person would be "shocked" or "alarmed" and therefore the town's ammended bylaw is OK. But again, I'm way out of my depth.

[CaseyB]

It never fails, the very people you have no desire to see topless are just the ones you will see.

[johngolf]

Originally Posted by CaseyB

It never fails, the very people you have no desire to see topless are just the ones you will see.

That has been my limited experience in the US. Europe is different in that all will go topless.

[BostonBornMassMade]

Doesnt feel fair to penalize women for having breasts. Doesnt sit right with me.

[in_newengland]

I don't care if they set aside one beach for toplessness but let the other beaches be for everyone. Just as I do not particularly care to see men in those skimpy speedos, I'd rather not see other woman parading around topless. That topless beach will be a real attraction for teenaged boys with raging hormones. Most beaches should be family friendly and just because Europe does it doesn't mean that we need to do it too.