What does the law say about being topless in Texas? What kind of trouble can I get in for going topless in a public place? – Rachel
Go to Sixth Street this Mardi Gras and you are guaranteed to see more topless women than in the Playboy mansion. Its almost that time of year, which means the �show your (you know the rest)� chant will ring loud and clear. And for better or worse (depending on your perspective), some women really want those beads. So what does the law say about getting topless in a public place?
In theory, someone who intentionally takes off their clothes in a public place could be charged with any number of violations of the Texas Penal Code. For example, someone can be convicted of disorderly conduct when they intentionally make an offensive gesture or display in a public place that tends to incite an immediate breach of the peace. To many, whether a woman�s act of going topless actually incites an immediate breach of the peace is debatable. All the same, Texas courts have upheld disorderly conduct (a class C misdemeanor) convictions for topless women.
Moreover, under Texas law a person can be convicted of indecent exposure (a class B misdemeanor) if they expose their anus or genitals with the intent to arouse or gratify another person and they are reckless about the presence of others who might be offended by this act. The message here is simple � keep your pants on in public!
Public lewdness, which applies when a person intentionally commits an act of sexual contact in a public place, could also come into play if going topless leads to more heated action. Public lewdness is a class A misdemeanor, so for someone who gets the urge, save it until you get home.
There appears to be a certain degree of leniency in enforcing these laws during special times of the year (i.e., Mardi Gras). Nevertheless, it�s good for one to be aware of the possible consequences if they are thinking about taking it off.
This article appears in January 28 • 2005.