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     617.23 Indecent exposure; penalties. 


    (a) A person is guilty of a misdemeanor who in any public 
 place, or in any place where others are present:  


    (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 clause (1) or (2) or this clause. 


    (b) A person is guilty of a gross misdemeanor if: 


    (1) the person violates this section in the presence of a 
 minor under the age of 16; or 


    (2) the person violates this section after having been 
 previously convicted of violating this section, sections 609.342 
 to 609.3451, or a statute from another state in conformity with 
 any of those sections. 


    (c) 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 the person violates 
 paragraph (b), clause (1), after having been previously 
 convicted of or adjudicated delinquent for violating paragraph 
 (b), clause (1); section 609.3451, subdivision 1, clause (2); or 
 a statute from another state in conformity with paragraph (b), 
 clause (1), or section 609.3451, subdivision 1, clause (2). 


    HIST: (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

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