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State Minnesota v. Jerry A. Wellman

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eBook details

  • Title: State Minnesota v. Jerry A. Wellman
  • Author : Supreme Court of Minnesota
  • Release Date : January 09, 1983
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 64 KB

Description

Appellant Kerry Dean Stevenson was charged with one count of indecent exposure and one count of fifth-degree criminal sexual conduct, which criminalizes certain conduct when performed "in the presence of a minor." The district court found Stevenson guilty of indecent exposure, not guilty of fifth-degree criminal sexual conduct (interpreting the "presence" requirement to mean the conduct, was "actually viewed by a minor"), but guilty of attempted fifth-degree criminal sexual conduct, because Stevenson had taken a substantial step toward having his conduct viewed by a minor. The court of appeals affirmed both convictions. We granted both parties petitions for review and affirm both convictions, although we affirm the attempt conviction on other grounds because we interpret the "presence" requirement to mean "reasonably capable of being viewed by a minor."


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