In Michigan, you can be convicted of indecent exposure a number of different ways including intentional acts by "flashers" seeking sexual gratification, all the way to a person swimming naked alone in a lake, unaware that anyone can see him or her.
Indecent Exposure Laws
Michigan Law covers two (2) types of indecent exposure offenses:
1. "Simple" Indecent Exposure
2. "Aggravated Indecent Exposure
Simple Indecent Exposure
A person is guilty of indecent exposure by knowingly making any open or indecent exposure of his or her person to another person.
Aggravated Indecent Exposure
If the indecent exposure involved fondling yourself or engaging in any sexual acts, the perpetrator will face an enhanced penalty under the aggravated indecent exposure laws.
Aggravated indecent exposure is a felony offense that carrying a maximum penalty of up to two years in the state prison as well as a fine of up to $2000.
Public vs. Private
The crime of indecent exposure can happen in a public or private place. The only requirement is that you commit these acts in a location where someone might see you including your own home and that person was offended by your actions.
The following table highlights the main provisions of the Michigan's indecent exposure laws. See Sexual Assault for more information.
Michigan Criminal Code Section 750.335a
|What is Prohibited||
Indecently exposing yourself in a public or private place; aggravated crime includes fondling (masturbating) any part of your genitals, pubic area, buttocks, or female breasts or having sexual contact with another person such as consensual sex.
|Definition of Indecency||
Depends on the specific jurisdiction; the term is considered subjective
Misdemeanor: Up to 1 yr. in jail, and/or a fine of up to $1,000
Aggravated Indecent Exposure: Up to 2 yrs. in jail, and/or a fine up to $2000
|Sex Offender Registry (SORA)||
Yes, if the person is also convicted of being a "sexually delinquent person" at the time of the offense. That offense is a felony which carries an indeterminate prison sentence with a minimum sentence of 1 day and a maximum sentence of life. Possible lifetime sex offender registration.
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
City, Township, and Campus Ordinances
In addition to a state wide pan on public indecency, there are also local ordinances that citizens must abide by. Check your local city, township, or campus rules for more information.
Because Michigan indecency laws can sometimes get complicated, it may also be a good idea to consult an experienced criminal defense lawyer if you have questions about your specific situation.
Get a Free Case Review from a Michigan Attorney
Because of its depiction in the media, indecent exposure may appear to be a frivolous crime. However, indecent exposure charges can result in serious ramifications such as prison time and sex offender registration. Given the severity of the penalties, you should talk to an experienced criminal defense attorney if you are facing indecent exposure charges. You can begin with a free case review from a Michigan attorney.
Contact a qualified attorney.