617.23 INDECENT EXPOSURE; PENALTIES.
Subdivision 1. Misdemeanor.
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.
Subd. 2. Gross misdemeanor.
A person who commits any of the following acts is guilty of a
(1) the person violates subdivision 1 in the presence of a minor under the age of 16; or
(2) the person violates subdivision 1 after having been previously convicted of violating
subdivision 1, sections
, or a statute from another state in conformity with
any of those sections.
Subd. 3. Felony.
A person is guilty of a felony and may be sentenced to imprisonment for
not more than five years or to payment of a fine of not more than $10,000, or both, if:
(1) the person violates subdivision 2, clause (1), after having been previously convicted of
or adjudicated delinquent for violating subdivision 2, clause (1); section
, clause (2); or a statute from another state in conformity with subdivision 2, clause (1), or
609.3451, subdivision 1
, clause (2); or
(2) the person commits a violation of subdivision 1, clause (1), in the presence of another
person while intentionally confining that person or otherwise intentionally restricting that person's
freedom to move.
Subd. 4. Breast-feeding.
It is not a violation of this section for a woman to breast-feed.
History: (10186) RL s 4953; 1931 c 321; 1986 c 444; 1994 c 636 art 2 s 54; 1995 c 226 art
2 s 31; 1996 c 408 art 3 s 37; 1998 c 367 art 3 s 14; 1998 c 369 s 2