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Around 4:30 a.m., Indianapolis police officer Jerry Durham responded to a report of three females exposing themselves to the occupants of other vehicles. Durham observed sixteen-year-old C.T. 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 seen C.T.’s nipple during the incident. The juvenile court found that C.T. had “committed what would be public nudity if committed by an adult and discharged her to her mother.†C.T. claims that her conviction violated equal protection under law because the display of male breasts does not constitute a criminal offense. Do you agree? See C.T. v. State, 939 N.E.2d 626 (Ind. Ct. App. 2010).
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