Indecent exposure refers to the act of one person exposing their private body parts to another person without that person’s consent to see the exposed body part. An example of indecent exposure is “flashing,” where an individual briefly reveals their private parts with the intent to provoke shock or elicit a reaction.
Charges for indecent exposure can also arise if someone is accused of swimming naked, even if they are unaware that someone is watching. A person may face indecent exposure charges for engaging in sexual acts, such as touching or caressing their private parts, in public or in the presence of others.
Exposing another person’s private parts without their consent can also be considered indecent exposure. This means you could face charges even if you were compelled to relieve yourself in public or in view of someone else due to the inability to find a restroom.
THE MICHIGAN LAW DEFINITION
Michigan law classifies indecent exposure offenses into three main categories:
- Simple indecent exposure
- Aggravated indecent exposure
- Indecent exposure involving a sexual delinquent
This is defined under MCL 750.335a (1), which states that an individual must not knowingly make any open or indecent exposure of themselves or another person. This means it is a crime for anyone to reveal their private parts to another person or to expose someone else’s private parts.
AGGRAVATED INDECENT EXPOSURE LAWS
As specified in MCL 750.355a (2b), aggravated indecent exposure occurs when a person, regardless of gender, exposes their private parts and fondles them in a public place or in the presence of others. The private parts may include the genitals, pubic area, buttocks, and, for females, the breasts.
Penalty
Like other sex-related crimes, a conviction for indecent exposure can lead to life-altering consequences that should be avoided at all costs. Whether you are facing charges of indecent exposure, aggravated indecent exposure, or indecent exposure involving a sexual delinquent, it is advisable to work with an experienced Michigan indecent exposure lawyer to mitigate the potential impact of a conviction.
If convicted under MCL 750.335a (1) for simple indecent exposure, the offender may face a misdemeanor charge punishable by up to one year in jail, a fine of up to $1,000, or both.
Upon conviction for aggravated indecent exposure, as defined under MCL 750.335a (2b), which includes fondling one’s private parts such as genitals, pubic area, buttocks, and breasts for women, the offender will be guilty of a misdemeanor punishable by up to two years in jail, a maximum fine of $2,000, or both. Additionally, anyone charged with indecent exposure involving sexual delinquents may be required to register as a sex offender on the Michigan sex offender registry. Indecent exposure is a very major crime in Michigan.
Anyone charged with indecent exposure could be convicted of a misdemeanor, which carries a penalty of up to one year in jail, a fine of no more than $1,000, or both.
There is no need for an observer to be present for a charge to be brought. Charges can be filed against anyone who commits this offense in a public place, particularly if there is a reasonable chance that someone else could witness it.
BODY PARTS THAT ARE AGAINST THE LAW IN MICHIGAN
Michigan’s Court of Appeals defines indecent exposure as the display of body parts that instinctive modesty and human decency dictate should remain covered in the presence of others. For instance, wearing a bikini at the beach may be acceptable, while the same attire in a supermarket could be considered indecent.
Indecent Exposure Inside Your Own Home
This is important to understand. Many people don’t realize that they can be charged with indecent exposure for something like walking around nude inside your own home. (It all depends on whether someone was there and you exposed yourself, knowing that they might be disturbed or offended.)
The stigma of an indecent exposure conviction can follow you for the rest of your life and the penalties are fierce. Even a misdemeanor conviction can land you in jail for two years — and a felony conviction can result in life imprisonment. Both juveniles and adults can end up being charged after a single careless action. Even when something is clearly an isolated event, the prosecutor isn’t likely to be sympathetic, so it’s wisest to have experienced, aggressive representation by your side.
Defense
For the most severe indecent exposure charge, the court’s determination that the individual is a “sexually delinquent person” must be proven by the prosecutor at a separate hearing from the plea or trial where the individual was determined to have committed an indecent exposure. MCL 767.61a. The prosecutor must allege that he or she is seeking the “sexually delinquent person” enhancement in the felony information instead of waiting until there is a conviction to make that decision
Advance notice is required so the defendant may be given the opportunity to properly defend against a potential life-in-prison offense.
EXEMPTIONS FOR INDECENT EXPOSURE
Many people may view breastfeeding in public as offensive and indecent, but that’s not the case in the eyes of the law. Breastfeeding mothers are exempt from indecent exposure laws if the breast exposure happens when the mother is breastfeeding or expressing milk for her child.
Common Questions
What are the categories of indecent exposure crimes in Michigan ? There are two categories, namely: ⦁ Simple Indecent Exposure ⦁ Aggravated Indecent Exposure
Is indecent exposure a misdemeanor?
This is a misdemeanor charge and may result from many circumstances, including “flashing” or urinating in public. Another example will be if your arrest is in a secluded lake or pool while you are swimming naked, and another person stumbles upon you.
Contact Kirsch Daskas Law Group
You don’t have to let prosecutors put you behind bars for indecent exposure. Hiring the right criminal defense lawyer with experience in indecent exposure laws can help you fight your indecent exposure charges, and avoid the life-altering consequences that come with that. Contact us today and let us assist you 248-792-3060.
