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Outed lawmaker says he will serve out term

BISMARCK -- A North Dakota lawmaker who sent an explicit photo of himself to another man using a social media app says he has no plans to step down from his legislative seat.

BISMARCK -- A North Dakota lawmaker who sent an explicit photo of himself to another man using a social media app says he has no plans to step down from his legislative seat.

Rep. Randy Boehning, a 52-year-old Republican from Fargo, made his comments Tuesday as the Legislature met to pass one remaining budget bill from the 2015 session.

Asked if he plans he plans to serve out the three years left in his term, Boehning said, "I certainly do."

"I've got good support," he added, but declined to comment further.

The Forum of Fargo-Moorhead reported in April that Dustin Smith, a 21-year-old Bismarck man, said he recognized Boehning from a gay dating smartphone app called Grindr. Chatting under the user name Top Man!, Boehning sent Smith sexually suggestive messages and an unsolicited photo of his penis, according to exchanges reviewed by The Forum.

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Smith became aware that Boehning was a legislator after seeing his photo as one of the lawmakers who voted against a bill to protect gays from discrimination.

Boehning confirmed he sent the photo to Smith.

Boehning, who is not married, told The Forum he was relieved to come out because he no longer has to worry about being outed.

“The 1,000-pound gorilla has been lifted,” he said.

Boehning said in the story that he was being outed by a fellow lawmaker, whom he did not identify, because of his vote on the discrimination bill, which failed.

The report came as the Legislature was trying to wrap up the 2015 session.

Boehning was attending a funeral and was not at the Capitol when the news broke.

He returned for Tuesday’s vote.

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