Indecent Exposure Extends Beyond Just Any Public Place
Indecent Exposure is one of those criminal charges in Minnesota that can have ramifications that go far beyond simply jail or prison. Of course, there are potential criminal ramifications but there is also the huge social impact that these kind of charges can have on your life, your job, your education and your personal relationships. The problem is that most people think that this can only happen if you are in a public space. This is simply not the case as a recent Minnesota Supreme Court decision highlights. If you are facing indecent exposure charges, it is critical that you consult with an experienced Minnesota criminal defense attorney.
“You don’t have to be in a public space to be charged with indecent exposure.”
What is Indecent Exposure?
According to Minnesota Statute 617.23, there are three different levels of indecent exposure crimes the you might face, depending upon behavior and prior convictions. However, essentially, it would apply to any person who exposes themselves in any public place, or in any place where others are present. Age of victims and prior crimes can have a huge impact upon these charges, resulting in either misdemeanor, gross misdemeanor or even felony charges.
Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339.
The Problem: The Meaning of “In any public place, or in any place where others are present.”
In a recent case before the Minnesota Supreme Court, the Court looked specifically at the question of any place where others were present. The case in question involves a person who was observed standing nude in his backyard by a neighbor from her open back deck door across a public alley. Although the appellant's property had a partial fence, there were no barriers obstructing the view from his neighbor's deck or from the alley. As a result, the person was charged with gross misdemeanor indecent exposure due to a prior conviction, and was ultimately convicted after a jury trial. However, in postconviction proceedings, the person argued that the state had not sufficiently proven the "public place" requirement of the offense. Despite these arguments, both the district court and the court of appeals rejected his petition.
Rather than looking strictly at the question of being in a public place, the Supreme Court looked at the question of where others were present. The Court concluded that the "place" element of the offense was fulfilled because the appellant was in a location where others were present. Applying a totality of circumstances argument, the Court found that the state had presented sufficient evidence to establish that the appellant exposed himself in a location reasonably capable of being viewed by others, supporting the conviction.
Why This Matters
This decision matters because you might be in a location here in Minnesota that is private or you believe to be private. This may even include being on your own property. If you are wrong and somebody sees you, there is the possibility that something you intended to be private could result in indecent exposure charges regardless of your intention. While it is still a “totality of the circumstances argument,” contemplate trying to explain that to you spouse, your kids, your school, your employer. Make sure you have an experienced criminal defense attorney by your side if you are facing indecent exposure charges.
“There is the possibility that something intended to be private could result in indecent exposure charges regardless of your intention.”
Conclusion:
Jack Rice is a nationally known criminal defense attorney and Founder of Jack Rice Defense. Jack and his team work extensively in their area of have represented many who have face criminal sexual conduct and indecent exposure related charges. If you are facing serious charges, contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339. When your life is on the line, make sure to have Jack and his Team beside you.