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Is it legal for transgendered women to go topless in PA?

 
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  • Answered by:Ely
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Is it legal for transgendered women to go topless in PA?

 

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Country relating to Question: United States
State (if USA): Pennsylvania

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Submitted: 304 days and 14 hours ago.
Category: Legal
Value: $48
Status: CLOSED
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Expert:  Ely replied 304 days and 13 hours ago.

Hello and thank you for the opportunity to assist you. There may be a slight delay between your follow ups and my replies as I am typing out my answer. Please remember that this is general information only, not legal advice, and no attorney-client relationship is formed.

This depends on many factors. It is certainty not legal to be naked. However, there is no direct nudism-related statute. Rather, under PA Sec. 5901, a person commits a misdemeanor of the third degree if he does any lewd act which he knows is likely to be observed by others who would be affronted or alarmed.

So this becomes subjective. Given the subjective nature of the individuals involved and the mitigating factors (was it a male to female transgender, or a female to male transgender? was the individual flat-chested or not?), this can go either way. So it is subjective as to what exactly the facts are.

However, remember that a district attorney may charge someone based on prima facie (on the face; simple) evidence, which allows them to do so when they have the possibility of a crime.

But, being convicted is another matter entirely. A jury of your peers will have to find you guilty beyond a reasonable doubt, and in the end, it would be whether or not they would determine that this was objectionable.

I hope this finds you well. Please click Reply to Expert to keep talking, or rate my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. I work very hard to formulate an informative answer for you; please reciprocate my good faith. Otherwise, reply to chat more until we are finished and you are ready to rate. (You may always ask follow ups free after rating.)

Customer replied 304 days and 13 hours ago.

I am a M to F transgender who has had breast enhancements. In the Commonwealth I can not change my birth cert until I have SRS, so it lists me as a male. On my drivers lic in PA, I am listed as a Female due to the phase of my transition. I do live 24/7 as a woman. My idea is not for anything sexual or erotic, but everyday living in this wonderful heat we have here.

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Expert:  Ely replied 304 days and 13 hours ago.

Thank you for your reply.

You state that you have had breast enhancements. I am going to assume that you have female-shaped breasts, then. So we go back to the statute. PA Sec. 5901: a person commits a misdemeanor of the third degree if he does any lewd act which he knows is likely to be observed by others who would be affronted or alarmed.

We know that this is not a lewd act - that you do not have anything sexual and/or sinister in mind - but I do not believe that the general public would agree. We are just not the point yet where someone can walk around topless - breasts being augmented or not. People are likely to become affronted or alarmed.

Ergo, I do believe that you would be risking a misdemeanor charge if you attempt this. I am sorry.

While the legal system tries to be inclusive of every possibility, sometimes people have limited avenues to seek relief. Please understand that this is not the expert’s fault. Surely, you prefer that I tell you the truth rather than what you wish to hear. Please keep this in mind when rating my answer. I understand that this may not be easy to hear, and I empathize.

I hope this finds you well. Please click Reply to Expert to keep talking, or rate my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. I work very hard to formulate an informative answer for you; please reciprocate my good faith. Otherwise, reply to chat more until we are finished and you are ready to rate. (You may always ask follow ups free after rating.)

Customer replied 304 days and 13 hours ago.

Thank you for your help, and yes I only wanted a truthful answer. I'm presuming that if I hadn't had the enhancements (C cups), it might not be as a big a deal, but still questionable? I changed the pricing also, thank you and you will get an excellant rating. I might just push the envelope with this one, see where it goes.

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Expert:  Ely replied 304 days and 13 hours ago.

I'm presuming that if I hadn't had the enhancements (C cups), it might not be as a big a deal, but still questionable?

Right! You are understanding my answer perfectly.

I changed the pricing also, thank you and you will get an excellant rating.

You have my thanks.

I might just push the envelope with this one, see where it goes.

Be careful...

Good luck, and please don't forget to actually rate my answer in one of top three faces – it is the only way I get credit for my time with you.

Expert TypeCounselor at Law
Category: Legal
Pos. Feedback: 98.7 %
Accepts: 17725
Answered: 7/9/2012

Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

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Customer replied 304 days and 13 hours ago.

If you get arrested for a Misdemeanor, what the chances of spending the night in jail?

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Expert:  Ely replied 304 days and 13 hours ago.

Hello friend,

Pretty good, I am afraid. If you are brought in, they can generally hold you for 24 hours or longer sometimes for a misdemeanor. And this is before actually being charged. If charged, you generally will get to see a Judge ASAP, but this may not be for a day or two, especially if this happens over the weekend.

 
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