Minnesota Supreme Court tosses man’s conviction for recording teen in bathroom

The Minnesota Supreme Court has overturned a conviction for secretly recording a teen in a bathroom, a decision that could prompt action from lawmakers next year.

In 2018, a 15-year-old boy in Bloomington stopped at a fitness center to use the bathroom in the locker room. While in the bathroom, the teen saw a cellphone’s camera lens pointed at him. He reported it to management and his parents then filed a police report against the suspect, according to court documents.

Prosecutors later charged that suspect with felony interference of a minor’s privacy. 5 EYEWITNESS NEWS is choosing not to name the man because the charge against him was dismissed.

Court documents state that man argued that he believed it was his friend, who he was trying to get back for doing something similar in the past. He also denied knowing the victim was a minor, which he also argued prevented him from being charged with the felony, saying state law requires proof that he knew the victim was a minor.

The man was convicted of the charge in 2019. He appealed, and the Minnesota Court of Appeals agreed with the district court, ruling that the state didn’t have to prove that a defendant knew the victim was a minor, only that the victim was actually a minor.

Wednesday, however, the Minnesota Supreme Court ruled 4-3 that the way the state’s law is written requires proof that a defendant knew or had good reason to know the victim was a minor when he committed the offense. Therefore, the man’s conviction was overturned, and the charge against him was dismissed.

The dissenting justices noted that the appellant told police during an interview that he “noticed right away that he was a kid,” but the court ruled that the state didn’t rely on that evidence, so it can’t be considered, adding, “It is not our role to second guess these types of strategic decisions of prosecutors.”

In response to the Supreme Court’s decision, the Hennepin County Attorney’s Office said, “We disagree with the Court’s decision but accept it.”

The next Minnesota legislative session will start on Jan. 3. If Minnesota lawmakers seek to rewrite the statute in a clearer way, they’ll be able to do so after that time.