ST. PAUL, Minn. – The Minnesota Supreme Court has opened the way for women to walk around bare-bosom in public. Female breasts are not lewd in and of themselves, the Court said in a unanimous opinion. The Court was clear however, that women can be prosecuted under the state decency law if their au naturel mammaries are exposed in “a sexual nature.” The case grew out of a 2021 Rochester incideny. Eloisa Rubi Plancarte had strolled topless outside a Kwik Trip convenience store . A Rochester judge found Plancarte, age 28, guilty of indecent exposure. The state appeals court agreed in 2024. In reversing those decisions, the Supreme Court noted that nobody in the be lower courts had claimed that Plancarte had engaged “in any type of overt public sexual activity.” Writing for the majority, Justice Karl Procaccini said: “The State has not met its burden of proving that Plancarte’s exposure was lewd, because none of the evidence in the record suggests that her conduct was of a sexual nature.”
Supreme Court. In, being topless doesn’t equate with lewdness.