State v. White

692 N.W.2d 749, 2005 Minn. App. LEXIS 215, 2005 WL 468860
CourtCourt of Appeals of Minnesota
DecidedMarch 1, 2005
DocketA04-1518
StatusPublished
Cited by1 cases

This text of 692 N.W.2d 749 (State v. White) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. White, 692 N.W.2d 749, 2005 Minn. App. LEXIS 215, 2005 WL 468860 (Mich. Ct. App. 2005).

Opinions

OPINION

TOUSSAINT, Chief Judge.

This appeal is from a pretrial order dismissing a charge of gross-misdemeanor prostitution, committed in a public place, under MinmStat. § 609.324, subd. 2 (2002). We affirm.

FACTS

The complaint alleges that on May 25, 2004, at about 1:00 a.m., undercover Officer Willis was driving an unmarked vehicle at 31st Street and 5th Avenue South in Minneapolis. Officer Willis saw respondent Jessica Rae White standing by the street and pulled his car over to the curb. White walked to the car and entered it “without invitation” from the officer. As Officer Willis drove, White first sought assurance that he was not a police officer and then asked Officer Willis what he wanted to do. After they negotiated an exchange of oral sex for $30, Officer Willis signaled other officers, who arrested White.

White moved to dismiss the complaint for lack of probable cause, arguing that the interior of Officer Willis’s car was not a “public place” as required by the statute under which she was charged. The district court granted the motion to dismiss, and the state filed this appeal.

ISSUE

Is the inside of a motor vehicle traveling on a public street a “public place” for purposes of the gross-misdemeanor prostitution statute?

ANALYSIS

Whether a statute has been properly construed is a question of law subject to de novo review. State v. Murphy, 545 N.W.2d 909, 914 (Minn.1996). Respondent White, however, argues that because this is a pretrial appeal by the state, the district court must be affirmed unless the state shows its decision was clearly erroneous. See State v. Trei, 624 N.W.2d 595, 597 (Minn.App.2001), review dismissed (Minn. June 22, 2001). We conclude that under either standard of review the district court’s order must be affirmed.

The statute White was charged with violating applies to anyone who “solicits or accepts a solicitation to engage for hire in sexual penetration or sexual contact while in a public place.... ” MinmStat. § 609.324, subd. 2 (2002). For purposes of the prostitution statutes, “public place” is' defined as:

a public street or sidewalk, a pedestrian skyway system ..., a hotel, motel, or other place of public accommodation, or a place of public accommodation, or a place licensed to sell intoxicating liquor, wine, nonintoxicating malt beverages, or food.

MinmStat. § 609.321, subd. 12 (2002) (emphasis added).

The district court concluded that the statute is ambiguous, and that the intent behind the statute was “to protect citizens from being unwitting witnesses to the agreement that constitutes the criminal conduct.” Therefore, it concluded, the term “public place” should be interpreted to refer to areas “where the public is likely to be present.”

[751]*751A statute is ambiguous if it is subject to more than one reasonable interpretation. See State v. Collins, 580 N.W.2d 36, 41 (Minn.App.1998), review denied (Minn. July 16, 1998). The prostitution statute defines “public place” only in terms of various examples, such as streets, sidewalks, skyways, hotels, motels, and restaurants. Minn.Stat. § 609.321, subd. 12. The definition includes other places of “public accommodation,” id., but that term does not necessarily incorporate into the statute all places that might be considered “public.” See generally Minn.Stat. § 363A.03, subd. 34 (Supp.2003) (defining “place of public accommodation” for purposes of Minnesota Human Rights Act); Wayne v. MasterShield, Inc., 597 N.W.2d 917, 922 (Minn.App.1999) (holding apartment complex was not “place of public accommodation” under Minnesota Human Rights Act), review denied (Minn. Oct. 21, 1999).

As to some of the locations listed in the statutory definition, such as a “pedestrian skyway system,” a motel, or a licensed establishment, the statutory definition of “public place” may be unambiguous. But the primary use of a “public street” is as a place dedicated to the movement of vehicles in which the occupants have some expectation of privacy. See generally State v. Wiegand, 645 N.W.2d 125, 131 (Minn.2002) (holding that search, even of automobile, is substantial invasion of privacy). Thus, much of what occurs on a “public street” is not “public” in the usual sense of the word. We conclude that the district court properly determined that the definition of “public place,” as extended to a “public street,” is ambiguous.

The district court cited the rule of lenity applied when construing statutes that define criminal offenses. A penal statute must be strictly construed in favor of the defendant, although that does not require the court to adopt the narrowest possible interpretation. State v. Zacher, 504 N.W.2d 468, 473 (Minn.1993). The district court concluded that the statutory definition of “public place” could not be construed, consistent with the rule of lenity, as applying to the interior of a motor vehicle traveling on a public street. We agree.

The object of all statutory interpretation is to ascertain and effectuate legislative intent. Minn.Stat. § 645.16 (2002); In re Welfare of C.R.M., 611 N.W.2d 802, 805 (Minn.2000). The district court concluded that the intent behind this gross-misdemeanor prostitution statute was to further discourage the solicitation and negotiation of prostitution in open view of the public. Although the statute does not include a statement of purpose or intent, this intent can be readily inferred from the definition of “public place,” which explicitly includes hotels, motels, establishments licensed to sell alcohol or food, and other places of “public accommodation,” where prostitution might be visibly solicited. MinmStat. § 609.321, subd. 12. And, as illustrated by the citizen complaints that prompted Officer Willis’s undercover operation here, it is the publicly visible nature of much prostitution activity that prompts criminal enforcement.

The state cites State v. Stevenson, 656 N.W.2d 235 (Minn.2003), as it did in the district court, in support of its argument that White’s conduct occurred in a “public place.” In Stevenson, the defendant was convicted of indecent exposure and attempted fifth-degree criminal sexual conduct for masturbating while sitting in a motor vehicle parked facing a playground area. Id. at 237. The indecent exposure statute required that the act occur in “any public place.” Id. at 240 (quoting Minn. Stat. § 617.23, subd. 1 (2000)). Referring to its decision in State v. Peery, 224 Minn. [752]*752346, 28 N.W.2d 851 (1947), the supreme court held that “[o]ur concept of public was not based on the privacy expectations of the defendant but on the likelihood that the conduct would be witnessed by others.” Id.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. White
692 N.W.2d 749 (Court of Appeals of Minnesota, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
692 N.W.2d 749, 2005 Minn. App. LEXIS 215, 2005 WL 468860, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-white-minnctapp-2005.