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State v. Beine

162 S.W.3d 483 (2005)

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State v. Beine

Missouri Supreme Court
162 S.W.3d 483 (2005)

  • Written by Liz Nakamura, JD

Facts

James Beine (defendant) was a counselor at Patrick Henry Elementary School. Part of Beine’s job was to patrol the bathrooms and curtail unruly behavior. There were no adult-only bathrooms at the school, and adult staff shared bathrooms with the schoolchildren. The expectation was that adults would wait to use the bathroom until no children were present. However, this expectation was not a formal rule. On two occasions, Beine used the bathroom while minor male students were also using the bathroom. On one occasion, Beine entered while the bathroom was empty. Rowdy students then entered the bathroom, and Beine turned around to discipline the students without first zipping up his pants. Beine quickly corrected his clothing error. On the second occasion, Beine entered the bathroom while students were already present and proceeded to use the urinal, which required him to expose his penis in the students’ view. The State of Missouri (plaintiff) charged Beine for sexual misconduct involving indecent exposure to a child. The trial court convicted Beine and sentenced him to 12 years in prison. Beine appealed, arguing that Missouri’s sexual-misconduct statute was unconstitutionally overbroad because it criminalized innocent conduct.

Rule of Law

Issue

Holding and Reasoning (Blackmar, J.)

Concurrence/Dissent (Stith, J.)

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Casebooks

Children and Juveniles

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