Where is public nudity allowed in Kansas?

MANHATTAN (KSNT) - Local police have received several reports of a topless woman walking around Manhattan; but is nudity considered a crime?

Ashley Tokoi, a spokeswoman with the Riley County Police Department (RCPD) told 27 News recently, dispatch has received numerous calls about a topless woman walking around Manhattan. However, police do not have an exact number of calls because while it's unlawful for anyone to knowingly, intentionally or recklessly be nude in public, it is not illegal to be topless in Manhattan.

"Nudity means less than completely or opaquely covering and exposing to view: (1) Human male or female genitals; or (2) Any portion of the anal cleft or cleavage of the male or female buttocks. Attire that is insufficient to comply with this requirement includes, but is not limited to, G-strings, T-backs, thongs or any other clothing that does not completely or opaquely cover the anal cleft or cleavage of the male or female buttocks; or (3) Human male genitals in a discernibly turgid state, even if completely and opaquely covered."

According to the City of Manhattan Code of Ordinances.

"The public should not call dispatch regarding the same unless they believe there is a threat to the person or the public in general," Tokoi said. "They may contact their lawmakers if they find this [nudity in public] unacceptable. As you know RCPD just enforces- we do not make the laws."

In Topeka, public nudity is prohibited. According to the city's municipal code, nudity is defined as showing "human male or female genitals, anus, anal cleft or anal cleavage or the showing of the female breast below a horizonal line across the top of the areola at its highest point with less than fully opaque covering." Nudity is not allowed in public places, like streets, highways, stores, commercial establishments and more.

While public nudity isn't allowed in Topeka, there are some exceptions including: children under 5-years-old, a mother breastfeeding her child and places set apart for nudity like public restrooms, dressing rooms, locker rooms and more, according to city code.

In Kansas, intentional public nudity or indecent exposure, is a crime, according to state statute 21-5513. Lewd and lascivious behavior is identified as the following:

(1) Publicly engaging in otherwise lawful sexual intercourse or sodomy with knowledge or reasonable anticipation that the participants are being viewed by others; or

(2) publicly exposing a sex organ or exposing a sex organ in the presence of a person who is not the spouse of the offender and who has not consented thereto, with intent to arouse or gratify the sexual desires of the offender or another.

(b) Lewd and lascivious behavior is a:

(1) Class B nonperson misdemeanor, if committed in the presence of a person 16 or more years of age; and

(2) severity level 9, person felony, if committed in the presence of a person under 16 years of age.

Check with your own local statutes for more information on whether or not public nudity is allowed in your area.

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