Judge Rules Feminist Can Be Charged For Being Topless In Her Home With Stepkids

Tom Gantert

A judge ruled that a woman seen topless in her home by her stepchildren can face lewdness charge

Salt Lake City, UT – A woman who is fighting criminal charges because her stepchildren saw her topless in her own home suffered a setback when a judge did not overturn part of Utah’s lewdness law on Tuesday.

Tilli Buchanan said she was installing insulation with her husband in the garage that day, according to The Salt Lake Tribune.

The couple had stripped off their clothes inside their home because the insulation was causing them to itch. Buchanan was topless when her step children came downstairs and saw her.

The police became involved because the Division of Child and Family Services started an investigation involving the children that didn’t involve Buchanan.

Originally, the topless incident was not the focus of the investigation. That changed, however, the children’s mother said she was “alarmed” and reported the topless incident to state investigators.

District Judge Kara Pettit rejected Buchanan’s motion to declare the lewdness statute as unconstitutional, according to The Salt Lake Tribune. Pettit’s legal argument was that the law discriminates against women being topless but doesn’t hold men to the same legal standard. Her attorneys noted that Pettit’s husband was also topless when her step children walked in.

Pettit stated that the Utah law prohibits lewd behavior by both men and women in front of children. The law also requires prosecutors show that the defendant knew their actions would cause “affront or alarm,” The Salt Lake Tribune reported.

Her lawyers explained in court documents that “she considers herself a feminist and wanted to make a point that everybody should be fine with walking around their house or elsewhere with skin showing.”

“It is the prerogative of the Legislature to establish laws incorporating contemporary community standards regarding lewdness,” the judge wrote, according to The Salt Lake Tribune. “It is not for the court to decide whether the Legislature’s enumeration of lewd conduct is wise or sound policy.”

City Prosecutor Ryan Robinson agreed with the judge’s ruling.

"We support the court's finding in this case that 'the government has an important interest in enacting laws to protect the health, safety, welfare, and morality of children, and to prevent them from being exposed to lewdness,' " Robinson said, according to The Salt Lake Tribune.

Comments (74)
No. 1-22
Amitzah Mitzvah
Amitzah Mitzvah

I know a man (calling him a man simply to avoid cussing) who was jailed for walking around in his underwear in front of his children. During his trial, substantiated charges of rape came into light. He had been raping his adopted son. That wasn't the first child he had raped. In fact, he had been raping children for years.
Unfortunately after their term in prison is served and their parole is complete, as the list of new predators are added, old predators (as long as they aren't caught again) scroll off the sexual predator list. I am one of the people that disagrees to the scrolling off the list. That scurge, raymond edward bridwell, dob07201955 or 07251955, Indianapolis IN is embedded into my memory and in the memory of his other victims.

Cduncanf
Cduncanf

Dumbasses. Why would you take your clothes off while installing insulation? You would want long pants and long sleeves to keep it off you in the first place. Duh

bryantrent
bryantrent

Crazy

Wish505
Wish505

Next thing you know they are going to tell us guys we cant be seen topless. Which is good in a way I guess, I have seen some dudes walking around with there shirts off that had some disgusting looking apparatuses hanging from there chest.

Burgers Allday
Burgers Allday

They are probably pressing charges to cover a bad arrest. They want a judicial finding (or defendant admission) of probable cause to prevent eventual civil liability for false arrest. If my read is correct then this is shameful.

jakki taylor
jakki taylor

I am curious as to the origins of investigation since the article states that topless was not the initial focus.

Raymelson
Raymelson

I don't think the law has given enough information for anyone to make a comment there's definitely something missing here

Bu11winkle
Bu11winkle

Lewd is objective. It depends on how kids are raised. If people are walking around butt naked from the time the kids were infants, what makes it any different than bush tribes or our ancestors thousands of years ago. It is not sexual, it is just normal. However, for kids who were not raised that way, it is sexual and there becomes a problem. It is not a one size fits all situation.

Stay free
Stay free

Women can go topless in public in Utah, but not in their home?

How is the judge going to make that work?

Dezertgem
Dezertgem

Well, having worked in family law for 15 years in court, you really have to be careful around stepkids because they go home and tell the other parent everything, and it can be cause to remove the kids from that other parent....people can be so dumb....

PjCali
PjCali

As a step parent she should be a bit more mindful.

Shastabeau
Shastabeau

More mindfull! She could of just thrown on a teeshirt and avoided this crap!

RB2207
RB2207

It is legal for women to walk around topless in public in Canada since the early 90's by the Supreme Court R. v. Jacobs and R. v. Labaye. There is no reason Ms. Buchanan should have been arrested, especially within her own home.

SmileAndWave
SmileAndWave

That's a slippery slope

Roman$
Roman$

The step mom must have bigger boobs than the mom

DarrellB
DarrellB

I knew this had to be some sort of bitter divorce/child custody BS and CPS I am very sure is making it orders of magnitude worse!

P0677
P0677

She and her hubby should move to Denver or Boulder Colorado. As if Sept 2019, legal for women to walk around topless.

dcoskrey
dcoskrey

I would have an issue if say the husband and wife were having sex in the living room while the kids were watching TV. But to be naked in your home, and the kids unfortunately walk in? Who hasn't had that happen? That's a crime? I wonder about the wisdom of the "feminist" defense though. Why not just stick with the simple facts: they were laying insulation and took off their dirty clothes in the garage, and the kids walked in. Oops.

OldVet
OldVet

Stupid Law

Marine.001
Marine.001

I’m in a sour mood today. So holding nothing back. Her kids are going to be traumatized the rest of their lives. That woman is one scary looking person with clothes on, WTH, she scares mew just picture

LivesMatter
LivesMatter

Put a
"Terms of Acceptance of Use of the Floor In The Next Room.
Entrance is approved if the person accepts responsibility for their actions forthwith. Volunteering or being summoned still holds the Floor User responsible for their actions. Entering the room or visually inspecting the room is acceptance of these Terms and Condition rules. The Floor User accepts and is disqualified to take legal actions in any manner at the present or future. Entrance is at their own risk and can not hold anyone else but themselves as responsible for any interactions with persona in and outside of the room. The Floor User forfeits their rights to enter the room and must announce their intentions before entrance or in the entrance vicinity. All stairways are considered 'floor' and satisfies the 'vincinity' requirement." disclaimers before all rooms entrances on stamp sized signs.

fjhappel
fjhappel

This story is stupid on several levels. In the first place anybody who has worked with rock wool or similar insulation materials knows it is extremely iritating to exposed skin and the best thing to do to handle the stuff is cover up as much as possible. with long sleeve shirts and high collar neck and so forth. Working with this kind of product topless male or female makes not sense at all. On the other hand if the product is non-irritating and an attic is extremely hot then shedding shirts would make perfect sense-- male or female. Getting this woman in trouble over this is absurd. Little kids are not damaged by seeing that women have titties. It really is not a secret, and her home attic is not like the front yard.


News

FEATURED
COMMUNITY