Nicosia was arrested Aug. 23 after police received complaint calls about a topless teenager standing near the Main-Marlboro-Winchester streets roundabout with a handgun holstered on her hip.Read more at Free State Project (" Police Admit Toplessness is Legal in Keene!")
State law does not require residents to have permits to openly carry guns, and she was not charged with any firearm-related crimes.
Last week, police prosecutors D. Chris McLaughlin and Eliezer Rivera decided to drop the charge of indecent exposure and lewdness against Nicosia. The charge was dropped because walking down the street topless does not qualify as a crime under state law, Keene police Lt. Jay U. Duguay said.
The law states that a person commits indecent exposure and lewdness if he or she fornicates, exposes genitals or performs any other “act of gross lewdness … likely to cause affront or alarm” in public.
“She wasn’t fornicating or exposing genitals — breasts aren’t genitals,” Duguay said. “No one who complained about it said that it was gross lewdness.”
Sep 17, 2009
of new hampshire teenager proves it’s legal to be topless in public
New Hampshire Teenager Proves It’s Legal To Be Topless In Public: 18-year-old Cassidy Nicosia was arrested for walking around topless as part of a protest and to test local. However, police prosecuters decided to drop the charge of indecent exposure and lewdness against Nicosia.
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