A Utah woman is being charged with “lewdness” for being topless in her own home.
Tilli Buchanan and her husband were installing drywall in their garage when her three stepchildren entered and saw her bare chest.
Buchanan’s stepchildren eventually told their natural mother of the incident. The state eventually charged Buchanan with three counts of lewdness involving a child.
Under Utah state law, “lewdness” is criminalized when it involves exposure of “the female breast below the top of the areola” in the presence of a minor in a private place “under circumstances the person should know will likely cause affront or alarm.”
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The American Civil Liberties Union of Utah argued that the state’s lewdness law is unconstitutional, urging the judge to drop the trial and state politicians to change the law.
“Simply because Miss Buchanan is a woman, she is facing this charge,” an ACLU of Utah attorney said. “Therefore, women throughout Utah are at higher risk of facing a criminal charge simply because of their gender.
Buchanan stated that she was in the privacy of her own home and with her husband who was similarly topless but wasn’t charged with a crime.
If convicted, Buchanan faces jail time as well as being registered as a sex offender.
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