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The court found Legassie not guilty of the remaining counts charged in the indictment.[¶11] On March 24, 2016, the court sentenced Legassie to the following:• four years, all but nine months and one day suspended with three years of probation, on Count 27;• thirty days on Count 26, ninety days on Count 6, and thirty days on Count 12, to be served concurrently with each other and consecutive to the other sentences;• sixty days on Count 1, thirty days on Count 8, and thirty days on Count 9, to be served concurrently with each other and consecutively to Counts 26, 6, and 12;• sixty days on Count 2 and thirty days on Count 10, concurrent with each other and consecutive to the other sentences; and• thirty days on Count 11, to be served consecutively with the other sentences.
Each victim received from the defendant explicit digital images, which were admitted in evidence as State's Exhibits 2, 5, 6, and 7, and digital messages. Legassie appeals from a judgment of conviction of three counts of attempted sexual exploitation of a minor (Class C), 17-A M. Legassie's messages advanced to sexual topics; Legassie asked Victim B for “naked pictures” of herself and told her he wanted to have sex with her. The statutory provision pursuant to which Legassie was convicted provides that “[a] person is guilty of indecent conduct if ․ [i]n a private place, the actor exposes the actor's genitals with the intent that the actor be seen from a public place or from another private place.” 17-A M. of the genitals; specif., the crime of deliberately showing one's sex organs in a place where this action is likely to offend people.”). Legislative testimony by the representative who proposed the 1995 amendment suggests that the Legislature intended to criminalize an in-person exposure that would otherwise escape prosecution because the actor and the victim were in the same private place.