SALT LAKE CITY (KSTU) -- A judge is considering whether to strike down a portion of Utah's lewdness statute dealing with topless women.
Tilli Buchanan is facing three misdemeanor charges of lewdness involving a child stemming from an incident in her home. On Tuesday, her attorney and the ACLU of Utah asked for the case to be dismissed and a portion of Utah's lewdness statute to be struck down citing a recent ruling by the 10th U.S. Circuit Court of Appeals that found anti-topless laws discriminated against women.
Buchanan left court saying she felt "hopeful" that Judge Kara Pettit would side with her.
"Especially with, given it was in the privacy of my own home, my husband was right next to me, in the exact same manner that I was and he’s not being prosecuted," she told reporters.
The West Valley City woman was doing insulation work with her husband and they were stripping off itchy clothing when her step-children saw her. That ultimately led to the criminal charges being leveled against her earlier this year. Buchanan's attorney argues she did nothing wrong.
"If we are to lose this, she’s on the sex registry with child rapists and things of that nature. The magnitude of the penalty on this is enormous," said Buchanan's attorney, Randy Richards.
The ACLU of Utah has also intervened in the case on Buchanan's behalf. In court on Tuesday, ACLU staff attorney Leah Farrell argued that particular portion of Utah's lewdness statute discriminates against women.
Judge Pettit said she expected to issue a ruling within a couple of months.