State of Maine v. James Welsh

Summary

The Supreme Judicial Court of Maine vacated James Welsh's conviction for indecent conduct because the trial court predicated guilt on his naked standing inside his own apartment, which the court held is a 'private place,' whereas the charged offense under 17-A M.R.S. § 854(1)(A)(2) required exposure '[i]n a public place.' Construing the statute de novo, the court held that 'private place' means a home or similarly exclusive place and that 'public place' encompasses all other places, publicly or privately owned, with regular public access—including the shared hallway of Welsh's apartment building. Because the record contains evidence of exposure in that hallway that could sustain the conviction if credited, but the trial court expressly declined to make findings on that alternative theory, the court vacated and remanded for further findings rather than directing entry of a judgment of acquittal.