Indecent Exposure in Minnesota

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.

To see just how well our Indecent Exposure attorneys do with these types of cases, here are a couple representative examples of indecent exposure cases that we’ve successfully handled for our clients:

State v. K.S.

Charges: Indecent Exposure – Misdemeanor
Dismissed. The client was alleged to have engaged in lewd conduct in a public park. But the facts simply did not support the statutory framework of the charge. The North Star team utilized a smart and tactful approach. And the City Attorney, to her credit, made the right decision to dismiss this case due to insufficient evidence to support it. On top of that, the North Star team sought and achieved an expungement via prosecutor agreement to seal the record of this unjust charge, thereby ensuring that even the charge itself will not impact the client’s future. We go that extra mile on behalf of our clients.

State v. J.L.

Charges: Indecent Exposure – Misdemeanor

Resolution: Continuance for dismissal. For minimal costs and the only condition being to remain crime free, the client will keep a perfect record. For a young man, the prospect of facing this type of record with a conviction would be devastating to his future career. Yet, without any legal defenses, the North Star team still knew how to negotiate this critical outcome for our needful client.

State v. W.L.

Charges: Indecent Exposure – Misdemeanor
Continuance for dismissal. Client was alleged to have exposed his privates while driving in a neighborhood. Despite the allegations, the North Star team developed a strong legal strategy around possible identity and then leveraged it, along with the client’s good overall record, to negotiate this incredible result. As a result of our effort, the client will avoid any conviction, plea, or even acknowledgement of wrongdoing. He is thrilled with the outcome and avoiding a record that would have a long-lasting impact on his future.