St. Paul Criminal Sexual Conduct Lawyer
Minnesota, like every state, generally frowns pretty heavily on indecent exposure, or the act of showing one’s private parts in public. In many cases, people who are arrested for indecent exposure are just young and doing something they think is innocent like urinating in an alley after having too much to drink. However, what they find when they go to court is that indecent exposure is a small crime that can come with some huge consequences. Worse yet, the law about in Minnesota is almost intentionally vague that can make these cases more difficult to defend than they should be.
What is Classified as Indecent Exposure in Minnesota?
The law for indecent exposure has three different definitions that are all similar and all covered under the term. These situations include:
- Purposefully exposing the private areas of your body in public
- Coaxing or forcing another to expose the private areas of their body in public
- Engaging to lewd or lascivious behavior in public
In first-time convictions, the charge of indecent exposure will be a misdemeanor. However, this can be raised to gross misdemeanor for repeat offenders or when done in the presence of anyone under the age of 16. Yet, indecent exposure can also be raised to a felony charge for those who have been repeatedly convicted, done in the presence of the minor, or for those that have a 5th degree sexual conduct conviction on their record. It will also be raised to a felony if you willingly exposed yourself to someone who was confined or had their movement restricted. In that case, you will also likely be facing false imprisonment charges as well.
A misdemeanor charge of this will typically result in a $1,000 fine and/or jail time depending on the extent. This charge will also show up on background checks. For a felony level indecent exposure, the fine will be raised to $10,000 or a prison sentence of up to five years. Furthermore, when indecent exposure is raised to a felony, you will also be required to register as a sex offender.
How to Fight Indecent Exposure Charges in Minnesota
For many who are charged with indecent exposure, they did so without meaning to expose themselves. If you were arrested for it, you might bank on hoping the judge will see that you did not necessarily mean to expose yourself. However, with indecent exposure, like with most other sex-related crimes, there is no such thing as a slap on the wrist. You will have to face fines as well as a mark on your record if you are convicted. This means you need to do your due diligence in order to defend yourself by working with a skilled defense attorney.
For those that didn’t willingly intend to expose themselves, the best defense is to argue your own lack of intent in conjunction with the support of positive character evidence. Arguing the consent of the victim as well as looking into the admissibility of the evidence that may have been obtained by the arresting officer may also be viable routes depending on the unique facts of your case as well.
Although it may seem like a relatively harmless charge, it has huge penalties and it shouldn’t be a charge that you just accept. There is a huge stigma attached to any sort of sex crime, and it is something you want to avoid being attached to your record. For this reason, you need a great defense attorney at your side.
If you have been arrested for indecent exposure in the Minneapolis & St. Paul area, contact us today. Let Lesch Law Firm and John Lesch put his over 20 years of defense experience to work for you.