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Is adult consensual spanking for money legal in Minnesota?

Resolved Question:

Is adult consensual spanking for money legal in Minnesota? (Meaning the spanker is paid money by the spankee, but not sex is involved, just discipline/punishment.)
Submitted: 1 year ago.
Category: Legal
Expert:  LegalEagle1 replied 1 year ago.
Consensual spanking between two private individuals of age is legal in Minnesota. The parties should establish boundaries so as not to go "overboard," because the consent that an adult gives is for one level of activity and a higher level should not be pursued without clear consent from all parties involved. You will also want to make sure that serious physical harm does not result from the spanking.

The parties should also be mindful of Minnesota's public Indecency and disorderly conduct statutes.

Minnesota Statutes § 617.23(1) creates a misdemeanor crime for a person who willfully and lewdly exposes the person's body or their private parts, procures another to expose private parts, or engages in open or gross lewdness or lascivious behavior - in a public place or any place where others are present.

Minnesota Statutes § 609.72(1)"Disorderly Conduct" creates a misdemeanor crime for a person who engages in obscene conduct tending reasonably to arouse alarm, anger or resentment in others - in a public or private place. This statute has been used at times to charge people with "indecent conduct" crimes. As with other "Disorderly Conduct crimes," the reaction of other people is relevant.


Minnesota Statutes § 617.23(2) creates a Gross Misdemeanor crime for a person who - in the presence of a minor under the age of 16 - willfully and lewdly exposes the person's body or their private parts, procures another to expose private parts, or engages in open or gross lewdness or lascivious behavior - in a public place or any place where others are present.

Also there are some city ordinances throughout Minnesota that regulate such conduct.

For example Minneapolis Ordinance Section 385.160, "Indecent conduct" creates a misdemeanor crime:
"No person, in any public place shall engage in, or offer or attempt to engage in:
(a) Lewd or lascivious conduct;
(b) Sexual intercourse or other sexual conduct;
(c) The indecent or lascivious exposure or use of the human body, or any part thereof; or
(d) Fondling the unclothed genitals of himself or herself or another person."


These statutes typically require the conduct to be engaged in the presence of another person.

I hope that I have answered your question. Please let me know if you have more questions or need more information.

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Customer: replied 1 year ago.
Thank you for the information you've provided so far. Please define "public place". Does it mean in the presence of the public, such as on a city street with unfamiliar people present? Or, can it just mean in a public building regardless of who is present. Can public place be defined as a public building, even though only the two people involved are present and it's done in a private area of the building?
Also, do you know how the Minneapolis City Ordinance reads on this? If not can you refer me to where I can find the specific answer for Minneapolis?
Expert:  LegalEagle1 replied 1 year ago.
I provided you with the Minneapolis code for Indecent Conduct in my initial answer.

The entire Municipal Code is available here:

http://library.municode.com/index.aspx?clientId=11490&stateId=23&stateName=minnesota

If you search for "public place" you will get the code's definition

(c)(1)Public place means any building or establishment, place, or public street or highway, where the business, social or governmental activity ordinarily conducted is generally held open to the public; specifically including, but not limited to, such locations as governmental buildings, meeting halls, centers for art and culture, places of amusement, liquor or beer establishments, and restaurants. It shall also include any private residence which is the site of activities proscribed by section 385.170 (Disorderly house).

(2) Public place shall not include:
a. A dwelling place or residence when a person is present with the permission of a lawful possessor thereof, or one's own place of business;
b. Premises licensed for the sale of firearms;
c. Business premises at which the buying, selling, repair, or trade in weapons is regularly conducted, or;
d. Places at which an event or activity is conducted involving the exhibition, display, or carrying of a weapon, done in a manner not intended or calculated to result in or lead to the unlawful use of the weapon, including, but not limited to, educational or training programs, weapons or collectors' shows or exhibitions, or religious, artistic, educational, or cultural events; or
e. Parades or other public events when the use or display of weapons is specifically authorized by the city for such events.

Here is link to the state statute which defines "public place"

https://www.revisor.leg.state.mn.us/statutes/?id=609.321


Subd. 12.Public place. A "public place" means a public street or sidewalk, a pedestrian skyway system as defined in section 469.125, subdivision 4, a hotel, motel, steam room, sauna, massage parlor, shopping mall and other public shopping areas, or other place of public accommodation, a place licensed to sell intoxicating liquor, wine, nonintoxicating malt beverages, or food, or a motor vehicle located on a public street, alley, or parking lot ordinarily used by or available to the public though not used as a matter of right and a driveway connecting such a parking lot with a street or highway.

I hope that I have answered your question. Please let me know if you have more questions or need more information.

_________________________________________________________________
Please rate my answers with a positive rating (three or more stars) as this is the only way I receive credit and compensation for my work. If you have additional questions or need more information, please ask.

My goal is to provide with best assistance that I can. Please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also keep in mind that the law may not always be settled or may not support the position you want. My role is not to tell you what you want to hear. but to provide you accurate information as to what the law provides. Please do not rate me poorly just because the information I have provided does not support the outcome you desire.

You can always request me through my profile at http://www.justanswer.com/law/expert-legaleagle1 also begin your question with “For LegalEagle1”
_________________________________________________________________
Use of this service does not create any attorney client relationship. Information provided is intended to explain general legal principles and assist you in finding an attorney in your area.

Please click "Great" or better to rate service.
Customer: replied 1 year ago.
So, to be more specific, would you say a hotel room in which the only two people there are engaged in the activity I described earlier to be a public place? (according to the code you provided)
Customer: replied 1 year ago.
Relist: Other.
Asked a question to clarify the answer.

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