Legal Question in Criminal Law in Florida
Topless males with breast implants
Our police academy instructor wants us to find out if it is illegal for a male who has breast implants to walk around topless. I can't find anything to ticket or arrest under indecent exposure, but am not sure what else it can be.
1 Answer from Attorneys
Re: Topless males with breast implants
Understandably, the Legislature hasn't addressed that particular situation. I can't imagine there is a lot of that going around. If you needed to cite the guy for something, use a Notice to Appear for disorderly conduct (877.03) and let the lawyers fight over whether the charge should stand. But be prepared to have the case make the papers and probably the talk show circuit. You should keep away from making a physical arrest, to minimize any false arrest claim. It wouldn't hurt to identify any private citizen witnesses, to make sure it's not just LEOs who are offended by the display.
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