State v. Duncan

OPINION

CRIPPEN, Judge.

Appellants, nude dancers and patrons of a nude dancing bar, were convicted of violating Minnesota’s indecent conduct statute, specifically for engaging in “any open or gross lewdness or lascivious behavior, or any public indecency” in public. Minn.Stat. § 617.23(a)(3) (1996). On appeal, they challenge the constitutionality of the governing statute as applied to them, claiming it penalizes them for conduct that they might have reasonably understood to be lawful at the time it occurred. They also contend the statute, part of Minnesota’s Obscenity Code, is overbroad on its…