People v. Graves

Summary

The court reversed the district court’s ruling that the public-indecency statute’s prohibition on a “lewd fondling or caress” was unconstitutionally overbroad and vague. It construed the provision to reach only overtly sexualized conduct in public, held that any potential intrusion on protected expression was not substantial, and concluded that the defendant’s conduct was clearly prohibited. The court also held that a defendant whose own conduct is plainly proscribed cannot challenge the statute based on hypothetical applications to others.