§ 617.23 INDECENT EXPOSURE; PENALTIES.

§ Subdivision 1. Misdemeanor. A person who commits any of the following acts in any public place, or in any place where others are present, is guilty of a misdemeanor: (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 this subdivision.

§ Subd. 2. Gross misdemeanor. A person who commits any of the following acts is guilty of a gross misdemeanor: (1) the person violates subdivision 1 in the presence of a minor under the age of 16; or (2) the person violates subdivision 1 after having been previously convicted of violating subdivision 1, sections 609.342 to 609.3451 , or a statute from another state in conformity with any of those sections.

§ Subd. 3. Felony. 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: (1) the person violates subdivision 2, clause (1), after having been previously convicted of or adjudicated delinquent for violating subdivision 2, clause (1); section 609.3451, subdivision 1a , clause (2); or a statute from another state in conformity with subdivision 2, clause (1), or section 609.3451, subdivision 1a , clause (2); or (2) the person commits a violation of subdivision 1, clause (1), in the presence of another person while intentionally confining that person or otherwise intentionally restricting that person's freedom to move.

§ Subd. 4. Breastfeeding. It is not a violation of this section for a woman to breastfeed.