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STATE v. STEVENSON

No. C8-01-505.

656 N.W.2d 235 (2003)

STATE of Minnesota, Respondent, v. Kerry Dean STEVENSON, Petitioner, Appellant.

Supreme Court of Minnesota.

February 6, 2003.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, Robert M.A. Johnson, Anoka County Attorney, Robert Goodell, Assistant County Attorney, Anoka, for State of MN.

John M. Stuart, State Public Defender, Marie Wolf, Assistant Public Defender, Minneapolis; Timothy Mulrooney, Special Asst. State Public Defender, Henson & Efron, P.A., Minneapolis, for Kerry Dean Stevenson.

Heard, considered, and decided by the court en banc.

OPINION

HANSON, Justice.

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...

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