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Old 08-29-2007, 05:42 PM   #1
8ballrollin
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Default What was Craig's crime?

From Volokh's site...

Closet gay or not, sounds like he could have fought it. The fact he never sought counsel, but instead pled, paid and left probably speak to his guilt, but...

"...Professor Ted Sampsell-Jones (William Mitchell), who has far more knowledge than I of Minnesota criminal law, writes:

Minn. Stat. 617.23, the indecent exposure statute, covers lewd or lascivious conduct in a public place. Sex and masturbation count as lewd and lascivious acts. There is, however, some Minnesota case law suggesting that public restrooms aren't "public places" once you close the door to your stall. State v. Bryant, 177 N.W.2d 800, 803-04 (Minn. 1970).

Even if the completed act would be a crime, it's doubtful that merely asking for sex in the restroom would be a crime.

Minnesota, unlike some jurisdictions, does not have a general solicitation statute. Mere solicitation of a crime is not a crime. State v. Lowrie, 54 N.W.2d 265, 266 (Minn. 1952); State v. Johnson, 2005 Minn. App. Unpub. LEXIS 352 at *9. Minnesota does of course have an attempt statute, 609.17, but that requires a substantial step toward completion of the crime, plus the specific intent to commit the crime. I think it's possible but doubtful that Craig's acts would count as a substantial step, and it's also possible but doubtful that you could infer such a specific intent. Or rather — there's some inference there, but it's not strong enough to support guilt beyond a reasonable doubt."

http://volokh.com/archives/archive_2...tml#1188338033
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