St. Paul, MN (KROC-AM News) - The Minnesota Supreme Court has reversed a decision by the State Court of Appeals to uphold the conviction of a woman who was arrested and jailed in Rochester for exposing her breasts.

The ruling involves Eloisa Plancarte, who was convicted in Olmsted County Court for indecent exposure following her arrest in July 2021 outside a Rochester convenience store. She was given a 90 day jail sentence for the conviction.

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Court records indicate Rochester police found her walking around the store's parking lot with her breasts fully exposed. In its ruling, the Court of Appeals also described a conversation between the police officers and Plancarte, who responded to a question about why she was exposing yourself by saying, "Catholic girls do it all the time," and "I dance at the biker club; I am a stripper."

TSM photo by Aaron Galloway. Stock image

In appealing her conviction, Plancarte argued that she was improperly arrested because female breasts should not be considered "private parts" under Minnesota's indecent exposure law. She asked the Supreme Court to consider whether her prosecution violated the Equal Protection Clause of the US Constitution because men are not charged when they walk around bare chested.

In its decision to overturn her conviction, the Minnesota Supreme Court found that the state failed to prove beyond a reasonable doubt that Plancarte "willfully and lewdly" exposed her breasts. The decision states that exposure of a "person's body or the private parts thereof" alone is insufficient and requires the individual's actions to be "conduct of a sexual nature" to constitute indecent exposure.

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Because the Supreme Court chose to decide the case based on whether Pancarte’s actions were lewd, the decision did not address her claims that her prosecution violated her constitutional rights because men are not charged with a crime for exposing their breasts.

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