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In , UCSD graduate student Anni Ma, a “Free the Nipple” protester, was arrested for indecent exposure at a Bernie Sanders rally on March 23, 2016, when she removed masking tape covering her nipples. She has filed a federal lawsuit against the . Her attorney claims she was never “nude” and that California’s indecent exposure law applies only to genitals, not breasts. She is also suing for constitutional violations, gender discrimination and violations of federal civil rights laws. She was topless at a Bernie Sanders campaign rally, Saturday, March 19, 2016, in Phoenix, and she was led to the back of the venue without incident.
The state laws assert by itself is not illegal (in a nonsexual context), but naturists (and topless women) can be charged with if they are accused of performing an act considered obscene in public while being nude (or topless) and they have the explicit intention to harm other people through this act. is not considered an act of indecent exposure according to the laws.
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