Court Overturns Conviction For Indecent Exposure

11-9-2007 South Dakota:

PIERRE (AP) -- The South Dakota Supreme Court has overturned the indecent exposure conviction of a man who was caught having simulated sex with a mannequin in a small room in the Washington Pavilion of Arts and Science in Sioux Falls.

The act was lewd, but it does not meet the legal definition of indecent exposure under state law, the high court said in a unanimous opinion.

The conviction must be overturned because evidence did not show Michael James Plenty Horse specifically intended to arouse or gratify the sexual desire of himself or anyone else by exposing his genitals in public, the Supreme Court ruled.

Plenty Horse, now 20, was caught in November 2005 with his pants down having simulated sex with a mannequin in a small room on the third floor of the Washington Pavilion, an arts, science and theater complex in downtown Sioux Falls. The guard who discovered Plenty Horse said he checked the room because the door was closed, which was unusual because the door to the small storage space was supposed to be open.

The room is used to hold mementos and photos honoring students who had attended Washington High School, which was previously located in the building. Plenty Horse had partially removed a band uniform from the mannequin, according to court records.

Plenty Horse, 19 at the time, has math, reading and writing skills well below his grade level in high school, the court opinion said. He was ashamed when questioned by law officers.

"With more questioning, he finally admitted that because he had not seen his girlfriend in a year his needs had not been met. He worried about what would be told to his mother," according to the court opinion.

Plenty Horse was convicted of indecent exposure after a trial held by a magistrate judge. He received a suspended imposition of sentence, which meant the misdemeanor would be wiped off his record after successfully completing three years of probation. He also was placed on the state's registry of sex offenders.

But the Supreme Court said state law requires that to gain a conviction for indecent exposure, prosecutors must prove the accused person exposed himself in public with the intent to arouse or sexually gratify himself or someone else. ..more.. by Press & Dakotan