ITEM #2 - I worked vice for a short time. I didn't like it. I also arrested fags for prostitution but not for disorderly conduct under these circumstances.
ITEM #3 - I couldn't figure out just what the fuss was all about so I looked up the police report filed by the arresting officer, Sgt. Kasnia. Senator Craig was arrested for Disorderly Conduct and Interference With Privacy. He was not arrested for soliciting sex for money (prostitution). Here are the operative Minnesota law sections cited in the report:
609.72 DISORDERLY CONDUCT.
It appears that sub 3 is the operative section.Subdivision 1. Crime.
Whoever does any of the following in a public or private place, including on a school bus, knowing, or having reasonable grounds to know that it will, or will tend to, alarm, anger or disturb others or provoke an assault or breach of the peace, is guilty of disorderly conduct, which is a misdemeanor:
(1) Engages in brawling or fighting; or
(2) Disturbs an assembly or meeting, not unlawful in its character; or
(3) Engages in offensive, obscene, abusive, boisterous, or noisy conduct or in offensive, obscene, or abusive language tending reasonably to arouse alarm, anger, or resentment in others.
A person does not violate this section if the person's disorderly conduct was caused by an epileptic seizure. Subd. 2.[Repealed, 1969 c 226 s 1]
609.746 INTERFERENCE WITH PRIVACY.
Apparently, it appears to be a good bust. By "good" I mean that the two violations charged by Sgt. Karsnia are sections of MN law that seem to be supported by the officer's deposition and the Senator's "Mirandized" statement. The entire case is not available for scrutiny (yet) so there could be some surprises.Subdivision 1. Surreptitious intrusion; observation device.
(a) A person is guilty of a gross misdemeanor who:(1) enters upon another's property;(2) surreptitiously gazes, stares, or peeps in the window or any other aperture of a house or place of dwelling of another; and(3) does so with intent to intrude upon or interfere with the privacy of a member of the household.
(b) A person is guilty of a gross misdemeanor who:(1) enters upon another's property;(2) surreptitiously installs or uses any device for observing, photographing, recording, amplifying, or broadcasting sounds or events through the window or any other aperture of a house or place of dwelling of another; and(3) does so with intent to intrude upon or interfere with the privacy of a member of the household.
(c) A person is guilty of a gross misdemeanor who:(1) surreptitiously gazes, stares, or peeps in the window or other aperture of a sleeping room in a hotel, as defined in section 327.70, subdivision 3, a tanning booth, or other place where a reasonable person would have an expectation of privacy and has exposed or is likely to expose their intimate parts, as defined in section 609.341, subdivision 5, or the clothing covering the immediate area of the intimate parts; and (2) does so with intent to intrude upon or interfere with the privacy of the occupant.
(d) A person is guilty of a gross misdemeanor who:(1) surreptitiously installs or uses any device for observing, photographing, recording, amplifying, or broadcasting sounds or events through the window or other aperture of a sleeping room in a hotel, as defined in section 327.70, subdivision 3, a tanning booth, or other place where a reasonable person would have an expectation of privacy and has exposed or is likely to expose their intimate parts, as defined in section 609.341, subdivision 5, or the clothing covering the immediate area of the intimate parts; and(2) does so with intent to intrude upon or interfere with the privacy of the occupant.
(e) A person is guilty of a felony and may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $5,000, or both, if the person:(1) violates this subdivision after a previous conviction under this subdivision or section 609.749; or (2) violates this subdivision against a minor under the age of 18, knowing or having reason to know that the minor is present.(f) Paragraphs (b) and (d) do not apply to law enforcement officers or corrections investigators, or to those acting under their direction, while engaged in the performance of their lawful duties.
Paragraphs (c) and (d) do not apply to conduct in: (1) a medical facility; or (2) a commercial establishment if the owner of the establishment has posted conspicuous signs warning that the premises are under surveillance by the owner or the owner's employees. Subd. 2.[Repealed, 1993 c 326 art 2 s 34] Subd. 3.[Repealed, 1993 c 326 art 2 s 34]
The Disorderly Conduct charge would appear to be the creepy finger waving and shoe rubbing. In NY, DisCon (as we call it) is a violation, not a crime but a petit offense. In MN it is a misdemeanor which is a crime. For the Interference With Privacy charge, section 607.746(c) seems to be the subsection that the Senator violated when he stood in front of the stall and gazed through the crack between the door and the stall jamb. Apparently he did this several times over a period of two minutes or so.
I think there are a few problems with 607.746(c). How far was Karsnia's eyes from the door that he makes these observations as keenly as he did? I can dream up a few alternative scenarios:
The paper picking and wide stance stories are ridiculous. Craig wasn't mentally agile enough to drag out a career saving excuse, so the real problem is that he should have dummied and lawyered up right from the get go. A good lawyer could have spun this into a preoccupied twitch.Craig could have said that while he was waiting for that stall to be unoccupied, the cop farted and it sounded like a dolphin was in trouble. So naturally his eyes wandered, big deal.
He was just checking out the neighborhood, hoping and praying that he wasn't going to be pooping next to some hot looking pervert.
He was so preoccupied with other weighty matters of national importance that he did not realize that his unfocused gaze was riveted on where Karsnia's moist, throbbing, armor-encrusted crotch would be.
He was all cramped up from his prior flight and trying out some loaf pinching, calf and quad strengthening exercises that he read about in Playboy's "Manly Men's Manhood Advisor" section.
He hates spiders, spiders are so gay. He was getting rid of some small webs on the bottom of the stall partition, forcing the little eight legged deviates to go to another stall where they wouldn't be bothering a manly man's man while he relieved himself in a nurturing, family-oriented fashion.
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