SUBJECT: CRIMINAL LAW.

REFERENCE: Contemporary Criminal Law: Concepts, Cases, & Controversies - Lippman 5th Edition

Around 4:30 am. Indianapolis Police Officer Jerry Durham responded to a report of three females exposing themselves to the occupants of other vehicles. Durham observed 16 year old CT and another woman "pulling their bra(s) and their shirt(s) down over their exposed breast(s). Indiana punishes an individual who knowingly or intentionally appear(ed) in a public place in a state of nudity with the intent to be seen by another person. Indiana code section 35-45-4-1 (d) (2008) defines nudity as "the showing of the female breast with less than a fully opaque covering of any part of the nipple(.)" Officer Durham at trial testified that he had see CT's nipple during the incident. The juvenile court found that CT had "committed what would be public nudity if committed by an adult and discharged her to her mother." CT claims that her conviction violated equal protection under law because the display of male breasts does not constitute a criminal offense. Do you agree?