SF5186

Purpose

• Clarify Minnesota law so that simply exposing a human breast by itself is not considered a crime. The bill aims to prevent criminal charges for mere exposure of a breast under the categories of indecent exposure, lewd exposure, gross lewdness, or lascivious behavior.

Main provisions

• Adds a new subdivision (Subd. 5) to Minnesota Statutes 2024 section 617.23.
• Text of the new subdivision states: "Exposure of a human breast alone does not constitute lewd exposure gross lewdness or lascivious behavior."
• Effect: When a person’s breast is exposed by itself, it would not meet the legal definitions of indecent exposure, lewd exposure, gross lewdness, or lascivious behavior under this statute.

Significant changes to existing law

• Creates a specific clarification within Section 617.23 by codifying that merely exposing a human breast does not violate indecent exposure or related offenses.
• Reduces the potential for criminal charges or findings of “lewd” or “lascivious” behavior based solely on breast exposure, absent additional conduct or context.
• Represents a shift in how the law distinguishes simple breast exposure from criminal public indecency offenses.

Practical implications (at a glance)

• Law enforcement and prosecutors would have a clearer standard for when breast exposure alone cannot be charged as indecent exposure or related offenses.
• Individuals in public settings may be less likely to be charged solely for exposing a breast, though other conduct could still lead to charges.

Relevant Terms - exposure of a human breast - indecent exposure - lewd exposure - gross lewdness - lascivious behavior - Minnesota Statutes 2024 section 617.23 - Subd. 5 (new subdivision)