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Years ago I was in Manhattan with a busty model. We were walking around Times Square when I told her it was legal to shoot some topless content. She was up for it but unsure of the legalities. As soon as I saw a cop I asked if we would get in any trouble for this.
He said what I've heard before - that it would be fine until/unless someone complains about it, at which point it would no longer be okay. In other words, it fell onto "community standards" as the decision.
If a fat guy is out on his own front lawn in his underwear mowing the lawn, and a neighbor calls the cops because they find it offensive, the cop can give the fat guy a summons for "indecent public exposure" - so it's legal until someone is offended.
That was the law years ago though - maybe legal interpretations have changed...
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