Published August 31st, 2007
Larry Craig
Since when is it illegal to solicit sex? Sure, maybe it violates some form of the law, though I’ve got to admit I can’t imagine how. So let’s take a look at the applicable Minnesota statute, which I found here.
609.72 DISORDERLY CONDUCT.
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 A person does not violate this section if the person’s disorderly conduct was caused by an epileptic seizure.Subd. 2.[Repealed, 1969 c 226 s 1]
Subd. 3. Caregiver; penalty for disorderly conduct. A caregiver, as defined in section 609.232, who violates the provisions of subdivision 1 against a vulnerable adult, as defined in section 609.232, may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.
Reading the police report, the only clause that could possible apply to Craig’s conduct is “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.” We can knock off abusive, boisterous and noisy conduct pretty easily as being inapplicable to the facts. Likewise with offensive, obscene, or abusive language, as no talking was involved.
That’s leaves us with offensive or obscene behavior. Was Craig conducting himself in an offensive and obscene fashion? Bumping someone’s foot in a bathroom stall? Sliding his hand along the divider? Annoying and creepy, sure. Still a stretch to call it offensive or obscene.
I could have written this myself.
Assume it is true what an undercover officer claims about his encounter with Senator Larry Craig in an airport men’s room: Mr Craig was asking for sex. What we would have is an adult propositioning another adult. If that is a crime, then an entire industry of singles bars across the nation should be raided. If Mr Craig can be booked, then haul off the thousands of men across America who routinely hurl lascivious suggestions at women who happen to cross their lines of sight.
In Mr Craig’s case, no words were uttered, lascivious or otherwise. No one gestured obscenely or touched anyone else, unless you count one guy’s shoe touching another’s. To get arrested in a bathroom, you generally have to do something sort of sexual. Expose yourself. Grab somebody. In Mr Craig’s case, no one claims he bared a private part, groped the cop, had public sex. Or any sex. In fact, throughout the encounter, a stall divider separated the senator from the officer. Whatever else Mr Craig says about his arrest, this much is undeniably true: he should have called a lawyer.