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Indecent Exposure in Minnesota

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Indecent Exposure is a serious crime, but the law on Indecent Exposure in Minnesota is vague and possibly overbroad. Similar acts may be considered both legal and illegal, depending on the circumstances. This is why it is critical to get an Indecent Exposure attorney. Let’s take a look at the statute:

A person who commits any of the following acts in any public place, or in any place where others are present, is guilty of a misdemeanor:

(1) willfully and lewdly exposes the person’s body, or the private parts thereof;

(2) procures another to expose private parts; or

(3) engages in any open or gross lewdness or lascivious behavior, or any public indecency other than behavior specified in this subdivision. Minn. Stat. Sec. 617.23, subd. 1.

The charge is enhanced to a gross misdemeanor for repeat offenders and for any of the above conduct committed in the presence of anyone under the age of 16. Felony charges occur when the above conduct, done in the presence of a minor, is repeated, or is done by somebody with a previous 5th degree sexual conduct conviction, or is conducted in such a way that the exposed person intentionally confines or restricts the movement of another person.

Indecent Exposure charges can result in serious penalties. Even a misdemeanor conviction can require fines up to $1,000 and/or jail time. Further, the conviction will appear on background checks. Needless to say, in today’s competitive job marketplace, this type of record is considered a major red flag by perspective employers.

A felony conviction can result in fines as high as $10,000 or a prison sentence up to five years. On top of this, felony conviction requires you to register as a sex offender. To avoid these highly stigmatized penalties, it is necessary to enlist an attorney to mitigate or even acquit you of the charges put against you.

There are a number of ways that an experienced Indecent Exposure attorney will be able to defend you. For example, we might cite victim consent, lack of intent (accidental exposure), bring forth positive character evidence, and attack the admissibility of any evidence that was obtained by arresting officers. Additionally, we know the best way to negotiate with individual judges and prosecutors to get you the best deal possible, should a plea be appropriate. The bottom line is that you need our counsel and expertise to fight for you through this challenging time.



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