STATE v. MUCCIO

No. A15-1951.

881 N.W.2d 149 (2016)

STATE of Minnesota, Appellant, v. Krista Ann MUCCIO, Respondent.

Court of Appeals of Minnesota.

June 20, 2016.


Attorney(s) appearing for the Case

Lori Swanson , Attorney General, St. Paul, MN; and James C. Backstrom , Dakota County Attorney, Jennifer S. Bovitz , Assistant County Attorney, Hastings, MN, for appellant.

John G. Westrick , Westrick & McDowall-Nix, P.L.L.P., St. Paul, MN, for respondent.

Caroline S. Palmer , Minnesota Coalition Against Sexual Assault, St. Paul, MN, for amicus curiae Minnesota Coalition Against Sexual Assault.

Considered and decided by REYES, Presiding Judge; ROSS, Judge; and TRACY SMITH, Judge.


OPINION

Appellant challenges the district court's order determining that Minn.Stat. § 609.352, subd. 2a(2), is unconstitutionally overbroad on its face and dismissing charge against respondent under the statute. Appellant also argues that the statute is a permissible content-based regulation of speech. Because we conclude...

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