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.


Asked on 3/31/09, 3:54 pm

1 Answer from Attorneys

Mark Hanks Attorney Hanks, P.A.

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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Answered on 4/01/09, 10:20 am


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