We have seen most Indecent Exposure crimes charged under Minnesota Statutes, though local city ordinances could be used. Minnesota Statutes Section 617.23 (2017) makes “Indecent Exposure” a crime a misdemeanor but also can be a gross misdemeanor or felony if aggravating elements are also proven, such as presence of a minor under 16, prior similar convictions, or confinement. If the accusation claims “lewd exhibition of the genitals in the presence of a minor under the age of 16, knowing or having reason to know the minor is present,” then the charge can be Criminal Sexual Conduct in the Fifth Degree, Minnesota Statutes Section 609.3451 (2017) — a gross misdemeanor, unless enhanced to a felony by a prior similar conviction within seven years. The typical alleged fact pattern could also be charged as a misdemeanor under Minnesota’s Disorderly Conduct Statute, Section 609.72, subd. 1 (3) “engages in offensive, obscene, abusive, boisterous, or noisy conduct or in offensive, obscene, or abusive language tending reasonably to arouse alarm, anger, or resentment in others.”
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When is the best time to get a lawyer involved?
Many times the target of an accusation becomes aware of the claim before police begin an investigation. That is the best time to retain an experienced rape defense lawyer for pre-charge counsel. The earlier a good sex crimes defense attorney is retained, the better protected the accused will be from an unjust, false accusation.
The recidivism rate for people who successfully complete sex offender treatment programs in Minnesota is substantially lower than it is for those sent to prison.
Asset Forfeiture in Minnesota | Civil and Criminal Forfeiture Attorney Thomas Gallagher provides tips for getting your property back. So find out how. Police attempt asset forfeiture when investigating criminal cases Police commonly seize property for forfeiture in these types of criminal investigations: DWI Fleeing Police in a Motor Vehicle Prostitution Illegal Drugs Types of… Read More »Forfeiture
Minnesota anti-mask law: Did you know that Minnesota law makes wearing a mask in public a crime? But many today are wearing masks in public to protect from the spread of the COVID-19 virus. And that is a misdemeanor severity-level crime under this Minnesota state criminal law. This law is yet another example of overcriminalization.… Read More »Repeal the Minnesota anti-mask law? We’re all criminals now
What are Minnesota “Crimes of Violence?“ Minnesota Crimes of Violence statute includes non-violent crimes. Minnesota Statutes § 624.712, subdivision 5 offers a statutory definition. And it includes felony convictions of murder; robbery; assault; false imprisonment; criminal sexual conduct; malicious punishment, neglect or endangerment of a child; prostitution; theft of a firearm or controlled substance; arson;… Read More »Minnesota “Crimes of Violence”