In response to a Prince George woman who says she was warned by police she could face charges for sunbathing topless in her yard next to a Hart elementary school, RCMP officials say being topless is not a criminal offence.
On June 26, after she confronted motorists she says were parking illegally in a no -parking zone that leads to an elementary school next to her home in the Hart neighbourhood, Lynn Blatta received a visit from an RCMP officer who told her somebody had complained about her exposing her breasts while she was in her fenced yard.
“It is not an offence to be topless in public, unless the act of being topless is done with the intent to commit another offence,” said Prince George RCMP Cpl. Jennifer Cooper.
In a response to an emailed complaint Blatta sent to the RCMP, Staff Sgt. Kris Clark, the BC RCMP’s senior media relations officer, apologized for her negative experience and said he would forward her message to Prince George RCMP Superintendent Shaun Wright.
“Let’s say someone is walking down the street topless - is that an offence, no,” said Clark. “But if they’re standing in a position actively trying to distract a driver to cause an accident, could that be considered an offence? It’s more about the action and the intent as opposed to the fact that they’re topless. I can’t think of many examples, but that would be the first one that would come to mind, (if) you’re trying to elicit some kind of response that would endanger somebody.”
While he could not offer specific details about Blatta’s case, Clark said being topless in public view, whether it’s in a private yard, public beach or municipal swimming pool, is not an offence.
“I don’t think there’s any charges coming out of this file,” said Clark, from his office in Surrey. “It would be different if charges were coming, then eventually we could get to a position where we could talk about it but I don’t think that’s the case. Some businesses can refuse service at their discretion (for being topless) and that goes for guys too. But it’s not a criminal offence to be topless."
