Legally, in California, can a woman walk around topless?

In California, “lewd conduct” is specifically defined under Penal Code § 647a PC. It’s considered a crime to engage in lewd conduct in public, which includes touching one’s own or another person’s genitals, buttocks, or female breast for sexual gratification, or to annoy or offend someone else, in a situation where it’s known or should be known that others present might be offended by it oai_citation:1,Penal Code § 647a PC – Lewd Conduct in Public.

To establish a violation of this code, several elements must be proven:

  1. Willful engagement in touching of one’s own or another person’s genitals, buttocks, or female breast;
  2. The intent behind the action being sexual arousal or gratification, or to annoy or offend another person;
  3. The location being a public place or a place open to the public or exposed to public view;
  4. The presence of someone else who might have been offended; and
  5. The knowledge or reasonable expectation that another person who might be offended by the conduct was present oai_citation:2,Penal Code § 647a PC – Lewd Conduct in Public.

The terms “lewd” and “dissolute” in this context refer specifically to the touching of the genitals, buttocks, or female breast for the purpose of sexual arousal, gratification, annoyance, or offense oai_citation:3,Penal Code § 647a PC – Lewd Conduct in Public.

What is lewd definition in California for women?

In California, the legality of a woman walking around topless in public is nuanced and varies by location and context. California state law permits public nudity that is neither lewd nor offensive. This means that in general, non-sexual public nudity, including female toplessness, is not illegal in California oai_citation:1,Female toplessness in the United States – Wikipedia. However, it’s essential to note that specific local ordinances might impose stricter regulations.

The state of California has indecent exposure laws under California Penal Code § 314 PC. Indecent exposure is defined as willfully exposing your naked body or genitals in a public place to others who would be offended or annoyed. It involves three key components: the willful exposure of genitals, the presence of others who might be offended or annoyed, and the intent to direct public attention to the genitals for sexual gratification or offense oai_citation:2,Penal Code § 314 PC – “Indecent Exposure” – California Law oai_citation:3,Penal Code § 314 PC – “Indecent Exposure” – California Law. Importantly, under this code, exposing a bare female breast does not constitute indecent exposure, regardless of whether it was for sexual purposes or breastfeeding oai_citation:4,Penal Code § 314 PC – “Indecent Exposure” – California Law.

Given these regulations, while a woman walking topless in public areas like a beach or a park may not technically be illegal under state law (unless the act is deemed lewd or offensive), local city or county ordinances could impose restrictions or bans on such behavior. For instance, San Francisco allows public female toplessness but bans public nudity unless with advance permission from the city for specific events or circumstances oai_citation:5,Female toplessness in the United States – Wikipedia.

Therefore, while state law generally allows non-sexual public nudity including female toplessness, the practical legality can vary greatly depending on local laws and the context of the nudity.