Legality of Topfree for Women in Hawaii

[Todd H]

As a mainlander who plans to visit the Big Island (Puna District) later this year, my wife and I are wondering if there would be any problems or hassles for her to enjoy topfreedom (of course, in places where males have the same right)? We understand that the State of Hawaii has recognized these rights, but wanted to ask the residents of Puna for comments, etc. Mahalo/Thanks!

Todd

[Wao nahele kane]

In general it's not something that occurs just anywhere. At Kehena Beach and sparsely visited beaches it occurs. Whether or not it's legal... I've no idea.
ETA - when it does occur in aforementioned locations, it often occurs full Monty.
- Armed citizens provide security of a free State.

[Wao nahele kane]

It's may be considered sexual assault in the 4th degree depending on the circumstances. Better not to gamble and keep it in locations where others are doing it.
"§707-733 Sexual assault in the fourth degree. (1) A person commits the offense of sexual assault in the fourth degree if:

(a) The person knowingly subjects another person to sexual contact by compulsion or causes another person to have sexual contact with the actor by compulsion;

(b) The person knowingly exposes the person's genitals to another person under circumstances in which the actor's conduct is likely to alarm the other person or put the other person in fear of bodily injury; or

© The person knowingly trespasses on property for the purpose of subjecting another person to surreptitious surveillance for the sexual gratification of the actor.

(2) Sexual assault in the fourth degree is a misdemeanor.

(3) Whenever a court sentences a defendant for an offense under this section, the court may order the defendant to submit to a pre-sentence mental and medical examination pursuant to section 706-603.

Case Notes

No double jeopardy for convictions under this section and §712-1217. 8 H. App. 535, 813 P.2d 335.

Prior law.

The Proposed Draft of this section was cited in State v. Rocker, 52 H. 336, 475 P.2d 684 (1970).

Distinguished from open lewdness statute, §712-1217. 61 H. 62, 597 P.2d 10."

From: http://www.naturistaction.org/StatesFram..._laws.html


- Armed citizens provide security of a free State.

[Wao nahele kane]

Yeah I know... breast are not genitals but who knows what will be cited around here.

- Armed citizens provide security of a free State.

[Carey]

Todd. I have not seen "topfreedom" practiced openly by females, outside of certain "clothing optional" beaches in Hawaii, and I am not sure if there is a legal statute one way or the other ( though based on the fact that it is not a common, or even an occasional, sight.... I am going to guess that there may be more than mere modesty of the female population involved....)

I have been to many places in Europe & resorts with heavy European clientele where there is more latitude in the top fashions, but here I have mainly seen covering in public places....it is even not overly common to see string type tops at most public/non beach areas. Tank tops, T's, shirts & wraps seem to be much more common...possibly because the air-conditioning use in some of the shopping & entertainment venues, but most likely because of the public demeanor....not sure that it would go "un-noticed" as in the areas of Europe where I have seen it. (Hanging ones underwear in view is a faux pas in my neighborhood, so I doubt "topfreedom" would be an acceptable option in this area!)

[Midnight Rambler]

Carey - what neighborhood are you in?! I've often seen women in stores or around town in string tops.

[Wao nahele kane]

It would appear that the act of nude sunbathing and particularly in areas where others are engaged in the same activity cannot be considered a crime. So there's your answer... keep it on the beach where others are doing the same or do it in a remote not so populated area and there shouldn't be a legal problem. Public breast feeding is protected by Hawaii State law but general public breast exposure is not.
http://drleisure.com/SupremeHawaii.html

- Armed citizens provide security of a free State.

[dayna]

whats a string top?

I wear t-shirts. But I work outside doing farming/animal stuff all day. So frankly, I don't want my parrots or other animals near my bare breasts!

Also, I hang my undies on my line with no shame. lol we all have them!

Dayna

http://www.FarmingAloha.com
www.E-Z-Caps.com

[Lupie]

I say go ahead and try it and see what happens. Then let us all know.

[Carey]

I am in Keaau town...in a neighborhood that was built in the 40's & 50's where your neighbors can, and do, look into your yard & still has many of the original families... & they are not of the ...um ... "topfreedom" generation...

There are not many string tops here (I am talking mostly string, not fabric....closer to "topfreedom" than bikini - rarely even see them at the university...and have not seen any "topfreedom" there, where I would expect an....out-pouring... if it was a socially acceptable practice...)

But I do agree with Lupie....try it, but please let us all know the responses....