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STATE v. DUNCAN

No. C3-99-703.

605 N.W.2d 745 (2000)

STATE of Minnesota, Respondent, v. Stephanie K. DUNCAN, et al., Appellants.

Court of Appeals of Minnesota.

January 26, 2000.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, MN; and Roger S. Van Heel, Stearns County Attorney, Daniel A. Benson, Assistant Stearns County Attorney, St. Cloud, MN (for respondent).

Randall D.B. Tigue, Randall Tigue Law Office, P.A., Minneapolis, MN (for appellants).

Considered and decided by SHORT, Presiding Judge, CRIPPEN, Judge, and HOLTAN, Judge.

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...

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