Asked in Business Formation, Business Law and Employment Law for Arkansas

Q: I want to start a topless cleaning service in Little Rock Arkansas. Is this legal?

We would offer topless cleaning in home or of a car in a home garage. We would offer topless servers for parties. Also, we would offer guys in tight underwear for women who were interested in these services. No sexual acts would be condoned/approved. Their lowest extremities (vagina, penis, or an us would be covered). The men/women would be dressed respectively until arrival of the home and change in the home. At the office, they would be clothed as well.

1 Lawyer Answer
Don Spears
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  • Benton, AR
  • Licensed in Arkansas

A: Under Arkansas law 5-14-112 you might have a problem. The law reads as follows:

(a) A person commits indecent exposure if, with the purpose to arouse or gratify a sexual desire of himself or herself or of any other person, the person exposes his or her sex organs:

(1) In a public place or in public view; or

(2) Under circumstances in which the person knows the conduct is likely to cause affront or alarm.

(b) (1) Except as provided in subdivisions (b)(2) and (b)(3) of this section, indecent exposure is a Class A misdemeanor.

(2) For a fourth or fifth conviction within ten (10) years of a previous conviction, indecent exposure is a Class D felony.

(3) For a sixth conviction and each successive conviction within ten (10) years of a previous conviction, indecent exposure is a Class C felony.

(c) A woman is not in violation of this section for breastfeeding a child in a public place or any place where other individuals are present.

Given that (c) describes a woman's breast one would assume that breasts are considered sex organs.

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