Is Having Sex in a Car a Crime in Minnesota?
Yes, having sex in a car in Minnesota can be a crime if it occurs in a public or visible location. Under Minnesota law, public acts of indecent exposure are illegal and can result in criminal charges. If the act of sexual conduct is visible to others or takes place in a public area where there’s a reasonable expectation that someone might witness it, the individuals involved could face indecent exposure charges.
These charges can lead to serious penalties, including fines, jail time, and a permanent criminal record. However, if the act takes place in a private, discreet setting, such as in a secluded, enclosed space, it may not violate Minnesota law.
If you were charged for having sex in a car, you have the right to a strong defense. The attorneys of Gerald Miller could serve as your advocates throughout the process.
Minnesota Indecent Exposure Laws
In most cases, sexual contact between two consenting adults is a private matter and not a criminal act. However, context matters. When a sex act occurs in public, it constitutes a criminal offense known as indecent exposure in Minnesota.
There are challenges with Minnesota’s indecent exposure statute because the language is broad and confusing. There is little guidance on what qualifies as indecent exposure for a sex crime, and there is the potential for conflict over what acts are unlawful or not.
Minnesota is not alone in creating confusion with its laws on indecent exposure. Most US states have a criminal statute that would apply and prohibit individuals from engaging in sexual activity in a car. California car sex laws even extend to the solicitation of prostitution involving a vehicle.
What Constitutes Indecent Exposure?
For a person who was arrested for having sex in a car in Minnesota, the most likely criminal offense will be indecent exposure. This offense is described in Minnesota Statute Section 617.23. According to the statute, it is illegal to commit a variety of acts and lewd conduct in any public place, or in any place where others are present. These acts include:
- Willfully and lewdly exposes the person’s body or the private parts thereof;
- Procures another to expose private parts; or
- Engages in any open or gross lewdness or lascivious behavior.
The law covers many types of misconduct, but it is not always clear what conduct is covered. The terms used by the statute are broad as well as confusing. In addition, keep in mind that there are some sitautions when individuals could be arrested for disorderly conduct.
Public Place
Most of the actions covered by this statute are not illegal on their own. It is only when they occur in a public place that they rise to the level of indecent exposure. This should come as no surprise, as undressing in the privacy of your own home is different than doing it at a public event.
However, the statute goes beyond sexual acts or sexual gratification in a public place. It also spells out that someone could face charges for engaging in this conduct when others are present. This could occur on private property as well as in public.
The implication is that this part of the statute covers exposure to individuals who were not expecting it. Still, the statute is so broad that it could be read to include an act in a private residence among three or more consenting adults.
The Importance of Intent
The government must prove the element of intent with indecent exposure. A person is only guilty of indecent exposure if they procure another person to expose their private parts or if they expose themselves with willful, lewd intent. In other words, this statute only applies to individuals who are intentionally seeking to expose other people to nudity or lewd acts without their consent.
The other notable point about the law is that, without intent, the prosecutor cannot prove indecent exposure. For example, a person at the beach whose bathing suit is pulled down by a wave doesn’t possess the necessary intent to commit indecent exposure despite being nude.
The lack of intent might be an effective defense in some cases. Proving that a person intended to expose themselves can be far more challenging compared to cases that involve sexual acts that occurred in public.
These challenges make your choice of criminal defense attorney important. The lawyers at Gerald Miller could work to develop a strategy to establish that the allegations against you are based on a misunderstanding or are not criminal at all.
Lewd and Lascivious Behavior
The statute also specifically covers lewd and lascivious behavior, but it does not define what these words mean. Minnesota courts have addressed this question, specifically in the case of State vs. Duncan.
The judges determined that the words “lewd and lascivious” essentially mean obscene. Obscene behavior or conduct is not covered by the First Amendment to the U.S. Constitution like other forms of speech. That means the state has the power to regulate it. Sexual intercourse in view of the public is likely to qualify as lewd and lascivious behavior.
Exceptions
There is an exception for specific situations, in which case the conduct can never be treated as a crime. According to the statute, a woman breastfeeding in public is never considered indecent exposure.
Does Sex in a Car Qualify as Indecent Exposure?
Because Minnesota law on indecent exposure is broad, there are circumstances where someone could be arrested when involved in a sex act in a motor vehicle. The important question is whether or not the lewd or dissolute conduct occurred in a public place.
Determining whether having sex in a car qualifies as indecent exposure often comes down to the act occurring in a public place. According to the statute, indecent exposure involves an act that either occurs “in any public place” or in any place where others are present.
If the car is parked on public property or in an area open to the general public, it’s likely that officers will arrest individuals for indecent exposure. Even though a motor vehicle is privately owned, anything that occurs within the vehicle that is visible to the public through the windows is likely going to be treated as having occurred in public.
One complexity with indecent exposure offenses relates to acts that allegedly occur in a place where others are present. A provision in the law could be read to prohibit any sexual conduct that occurs where others are present, even if the acts took place in a non-public area.
What’s more, the statute suggests it could be a criminal act even if the other party that was present was there consensually. Ambiguity in a criminal laws can have a harmful impact on your rights.
If you were arrested for indecent exposure, a possible strategy is showing that the charges are based on an improper or illogical reading of the law. Our criminal defense ttorneys at Gerald Miller can help you resolve your case early in the process in some situations.
Penalties for Indecent Exposure
There are different sentences that a judge could issue for someone convicted of indecent exposure. Plus, these cases involve sex crimes, which means that you could be required to register as a sex offender.
The offense may qualify as a misdemeanor, a gross misdemeanor, or even a felony. In any of these cases, you could be facing harsh consequences that could follow you for the rest of your life.
Indecent Exposure as a Misdemeanor
The basic crime of indecent exposure is treated as a misdemeanor under the law. Without any aggravating factors enhancing the penalty, a conviction could lead to both jail time and fines. As a misdemeanor, you could face a maximum jail sentence of 90 days and a fine up to $1,000 if convicted.
Indecent Exposure as a Gross Misdemeanor
There are some scenarios circumstances in wihch the punishment for a conviction can be increased. The presence of aggravating factors could mean more severe penalties, though the underlying criminal charge is the same. In addition to the basic elements of an indecent exposure charge, the state must also prove that a person committed these acts:
- While a minor under the age of 16 was present, or
- With a prior conviction for indecent exposure, or
- With a prior conviction of any other sex offense.
If one of these three factors is present, having sex in a car is charged as a gross misdemeanor. You could face up to a year in jail.
Indecent Exposure as a Felony
The most serious form of indecent exposure is a felony crime. There are two ways this offense could be upgraded to a felony.
- Indecent exposure is a felony if the accused restrains or confines another person while exposing themselves.
- It’s also a felony if a person commits indecent exposure with a minor present while having a previous criminal record for a sexual offense.
Contact Gerald Miller in Minnesota to Discuss Your Case
This information should answer the question: “Is having sex in a car a crime in Minnesota?” As you can see, sexual or lewd acts in public could lead to an arrest for indecent exposure under Minnesota criminal law. If you are facing these charges, it is important you seek legal help right away. Contact the criminal defense attorneys of Gerald Miller immediately for a free and confidential consultation. Our team looks forward to fighting for your constitutional rights.
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