Exposure of a human breast alone is not indecent exposure establishment
Summary
SF5186 amends Minnesota’s indecent exposure law to clarify that exposure of a human breast alone is not, by itself, lewd exposure, gross lewdness, or lascivious behavior. The bill adds a new subdivision to Minnesota Statutes section 617.23 stating that a human breast, standing alone, does not meet the statutory definition of these offenses.
The measure is framed as a public safety and criminal law clarification rather than a broad rewrite of the indecent exposure statute. It would take effect on July 1, 2026, and would apply prospectively to conduct occurring after that date. By creating an explicit statutory exception, the bill narrows the circumstances under which breast exposure can be prosecuted under Minnesota’s lewdness and indecent exposure provisions.
Impact
The bill would amend Minnesota Statutes section 617.23 by adding a new subdivision that limits the reach of the state’s lewd exposure, gross lewdness, and lascivious behavior offenses. In practical terms, law enforcement and prosecutors would no longer be able to rely on the mere exposure of a human breast alone as the basis for those charges, which could affect public nudity enforcement, protest activity, breastfeeding-related concerns, and other situations involving nonsexual breast exposure.
Sentiment
Based on the bill text and available legislative history, the bill appears to be a targeted clarification with no recorded committee debate or votes in the provided materials. The introduction and referral to the Judiciary and Public Safety Committee suggest it was treated as a criminal law issue, and the language is straightforward and narrow in scope. Because there are no transcripts or vote records, there is no documented public split or consensus reflected in the supplied context.
Contention
The main point of potential contention is whether the statute should distinguish between breast exposure alone and other forms of nudity or conduct that may still be considered lewd under existing law. Supporters would likely view the bill as preventing overbroad enforcement and clarifying that nonsexual breast exposure is not inherently criminal, while opponents could argue it weakens public decency standards or creates ambiguity in enforcement. No specific legislators, groups, or committee members are identified in the provided materials.
Permitting a mother the freedom to nurse her child in public; and providing that breastfeeding may not beconsidered a nuisance, indecent exposure, sexual conduct or obscenity.