Minnesota’s indecent exposure law states that a person is guilty of the crime if they willfully and lewdly expose their body, but what exactly does “lewdly” mean under this definition? Interestingly, the definition has changed over the years, and recently Minnesota lawmakers have attempted to better define what is means to lewdly display your body. We take a closer look at how lewdness plays into an indecent exposure charge in today’s blog.
Lewdness And Indecent Exposure
As the law states, a person must willfully (on purpose) and lewdly display their body in order to be charged with indecent exposure, but the definition of lewdness isn’t as obvious as the term willfully. Last year, in State v. Plancarte, the Minnesota Supreme Court identified four reasonable dictionary definitions for lewdness that had been used in different court cases over the years. Those terms were:
- Obscene
- Indecent
- Lustful
- Conduct of a sexual nature
If your act met any of those definitions, it may be considered lewd under the law. However, the court wanted to further define lewd conduct, and of the above definitions, they settled on “conduct of a sexual nature,” which means that simply displaying private parts is not necessarily sexual conduct. Skinny dipping in a private area of a quiet lake may not meet this definition, but it’s not automatically immune either. The conduct needs to be sexual in nature, not just offensive, so while the definition is clearer, applying it to each case still makes the law a bit subjective.
When it comes to defining lewdness, it really comes down to the act itself, and similar situations can be defined much differently. For example, if you live in the country with some space between your neighbors, you may be able to sunbathe naked in your backyard without issue. If you live in the city, you probably cannot do the same, even if you have a fence. If the neighbor’s second story windows give them a free look into your backyard, you could be hit with an indecent exposure charge if they see you naked outdoors.
It’s important to remember that being on private property doesn’t give you immunity from lewdness. Similar to the above example, a man who performs naked yoga in front of his living room window with the blinds open could easily catch indecent exposure charges in his home because of the act. The same goes for having sexual relations or masturbating in a locked private vehicle where others can see in. The act can occur in a private area, but if others can reasonably see in and the act is sexual in nature, don’t be surprised if you’re hit with indecent exposure charges.
Lewd acts have become more defined, but they will be determined on a case-by-case basis, and we know how to craft a narrative that paints our clients in a positive light. If you have been charged with indecent exposure or need assistance winning a similar type of case, connect with our team of lawyers today. Give Avery and the team at Appelman Law Firm a call today at (952) 224-2277.
