State v. Serpente

BILLINGS, Judge:

Defendant Marie Serpente appeals her conviction of lewdness involving a child, a class A misdemeanor in violation of Utah Code Ann. § 76-9-702.5 (1988). Ms. Ser-pente claims the raising of her dress and slight exposure of her covered buttocks does not constitute “exposure” or rise to the level of an “act of gross lewdness” under § 76-9-702.5. We agree, and reverse Ms. Serpente’s conviction.

FACTS

On April 2, 1986, Ms. Serpente’s son was detained after school. Following his detention, he walked home in the dark, fell, and injured his ankle. Two days later, Ms. Serpente went to…