Female gets naked in public park. She doesn’t hurt, harass, or offend anyone. She gets charged and convicted of sexual misconduct. She appeals and loses; her sentence of 150 days in jail was affirmed.
Sexual misconduct, 566.093.1(1), makes it criminal to “expose his or her genitals under circumstances in which he or she knows that his or her conduct is likely to cause affront or alarm. “ “Affront” is defined as ‘a deliberately offensive act or utterance; an offense to one’s self respect.’ “Alarm” is defined as an ‘apprehension of an unfavorable outcome, of failure, or dangerous consequences; an occasion of excitement or apprehension.’
Defendant appealed claiming state failed to prove beyond a reasonable doubt that 1) Defendant acted “knowingly”, 2) that Defendant intended to offend anybody, and 3) that her behavior caused “affront or alarm.” The issue for the appellate court to decide was: did the state show Defendant knew her conduct of sitting naked in a remote part of a park was likely to cause affront or alarm?
The appellate court ruled against Defendant. It reasoned that a reasonable person should have known that exposing her genitals in a public park was likely to cause affront or alarm. The court explained that the state does not have to show evidence that any person there was actually affronted or alarmed.
Missouri v. Edwards, No. 32863 (Mo. App. S.D., June 24, 2014).