Michigan Indecent Exposure Lawyer

Defending Clients Accused of Indecent Exposure

Indecent Exposure under MCL 750.335a in Michigan is much more serious than many think. Indecent Exposure charges differ from a simple "urinating in public" ticket. Being convicted of Indecent Exposure in Michigan can get you up to 1 year in Jail, up to a $1000.00 fine, and it could even put you on the Sex Offender Registry. You can even be sentenced up to LIFE in Prison if you are a "sexually delinquent person" at the time of committing an act of Indecent Exposure.

Aggravated Indecent Exposure under MCL 750.335a(2)(b) is even more serious and is punishable by up to 2 years in Prison and/or a $2,000.00 fine. This is because Aggravated Indecent Exposure involves "fondling." If you are convicted of Aggravated Indecent Exposure, you will be placed on the Michigan Sex Offender Registry.

Indecent Exposure and Aggravated Indecent Exposure in Michigan both fall within the category of Sex Crimes - the same category as the four degrees of Criminal Sexual Conduct (CSC 1, CSC 2, CSC 3, and CSC 4). Because a conviction for Indecent Exposure can be life-altering, you must speak to a Michigan sex crimes attorney right away. 

RELATED: I'm accused of Indecent Exposure - should I speak to the Police?

Are you facing an indecent exposure charge in Michigan? Call Prain Law, PLLC today at (248) 731-4543 or contact us online to start building your defense!

Indecent Exposure Laws in Michigan

The Indecent Exposure law in Michigan, MCL 750.335a, is very vague. It merely states that:

"A person shall not knowingly make any open or indecent exposure of his or her person or the person of another."

That is not very helpful. To better understand the law of Indecent Exposure and what the Prosecutor has to prove beyond a reasonable doubt, the best place to look is the Standard Jury Instruction. This law would be read to a jury if you were to take your Indecent Exposure case to trial. It states:

"(1) The defendant is charged with Indecent Exposure. To prove this charge, the Prosecutor must prove each of the following elements beyond a reasonable doubt:

(2) First, the defendant exposed his or her [state part of the body].

(3) Second, the defendant knew that he or she was exposing his or her [state part of the body].

(4) Third, the defendant did this in a place under circumstances in which another person might reasonably have been expected to observe it and which created a substantial risk that someone might be offended or in a place where such exposure is likely to be an offense against your community’s generally accepted standards of decency and morality. In determining this, you must think about the nature of the act and all of the circumstances surrounding the act."

As you can see, when it comes to the third "element" that the Prosecution must prove, there is much room for argument by a skillful Criminal Defense Attorney. Perhaps the assumption that the place in question is one where another person "might reasonably have been expected to observe it" can be attacked. Likewise, whether there was a "substantial risk that someone might be offended" or "such exposure is likely to be an offense against your community's generally accepted standards of decency or morality" is entirely debatable. Exposing oneself in a church would be one thing, but it would be much different if it were at the weekend Raft-Off on Lake St. Clair. Furthermore, only someone who knows that they are exposing themselves can be convicted of Indecent Exposure in Michigan, accidental exposure (i.e. forgetting to zip up your pants after using the bathroom). There is also an exception for women who are breastfeeding. A woman who is breastfeeding cannot be convicted of Indecent Exposure.

Some crimes use very "bright line" rules where it's very "black and white" - it either happened or didn't. However, as you can see, insufficient exposure is not one of those crimes. There is plenty of room for argument by a skillful and experienced trial lawyer.

What is Aggravated Indecent Exposure in Michigan?

In Michigan, the crime that has come to be known as Aggravated Indecent Exposure is essentially an act of Indecent Exposure along with fondling. The Michigan Aggravated Indecent Exposure law, MCL 750.335a(2)(b), states:

"If the person was fondling his or her genitals, pubic area, buttocks, or, if the person is female, breasts, while violating subsection (1), the person is guilty of a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both."

Where fondling is involved, the amount of possible time behind bars is doubled, and because the maximum penalty is more significant than 1 year, Aggravated Indecent Exposure carries the possibility of time in State Prison rather than just the County Jail. But here is the problem: what if you were not engaged in any fondling, but someone claims you were? Not surprisingly, the only information the Prosecution usually relies on charging someone with Indecent Exposure is someone's unsupported claim. This makes defending these cases a unique job meant for only the most skillful Michigan sex crime lawyer and seasoned trial advocate.

Related: Should I take a Polygraph in my Indecent Exposure case?

What Parts of the Body Can Lead to Indecent Exposure Charges When Exposed?

At Prain Law, PLLC, this is a question we receive more often than you'd imagine. And it is an excellent question. When our laws are vague and need further explanation, the appellate Courts give us "case law" by interpreting and further explaining the law. That "case law" becomes part of the law itself.

In Indecent Exposure cases, the Michigan Court of Appeals has said that "indecent exposure is the exhibition of those private parts of the person which instinctive modesty, human decency or natural self-respect requires shall be customarily kept covered in the presence of others.”

This implies genitals, buttocks, and breasts. However, much is still unclear. For example, how much of the breasts or buttocks is a person allowed to reveal? The law does not explicitly say, and many people in Michigan have been prosecuted for Indecent Exposure for pushing the boundaries of what is acceptable in society (i.e., women's bathing suits that keep getting smaller and smaller). Even though there may not be full-on nudity, some types of clothing that barely cover anything at all could technically invite an Indecent Exposure charge. This is because there is no requirement in the law that clothing be absent. Clothing that reveals an outline of these body parts could violate the Michigan Indecent Exposure laws. Visual images of those parts of the body are best left to the imagination or behind closed doors.

What is the Definition of a Sexually Delinquent Person?

"Sexually delinquent person" is defined in MCL 750.10a:

"The term 'sexually delinquent person' when used in this act shall mean any person whose sexual behavior is characterized by repetitive or compulsive acts which indicate a disregard of consequences or the recognized rights of others, or by the use of force upon another person in attempting sex relations of either a heterosexual or homosexual nature, or by the commission of sexual aggressions against children under the age of 16."

If you are convicted of either Indecent Exposure or Aggravated Indecent Exposure while being a "sexually delinquent person," you can be sentenced to up to LIFE in Prison. This is when things get dire. Even though the law says there is a minimum sentence of 1 day in jail, our courts have stated that it is possible to get probation and not jail. But if you are sentenced to time behind bars for an Indecent Exposure crime as a "sexually delinquent person, our Courts have also said that you must be sentenced to the indefinite term of 1 day in Jail to LIFE in Prison. This means if the Judge sends you to Jail for even 1 day, he or she has NO further discretion over the total length of your sentence - it will be entirely up to the Parole Board.

Sex Offender Registration for Indecent Exposure in Michigan: What You Need to Know

Every day at Prain Law, PLLC, a new potential client is asking us, "will I have to register as a sex offender for Indecent Exposure?" Whether or not an Indecent Exposure case will land someone on the Michigan Sex Offender Registry should always be determined on a case-by-case basis. BUT THAT IS ONLY IF YOU PLEAD GUILTY OR ARE CONVICTED. Our job at Prain Law, PLLC, is to fight for you and prevent that from happening.

Generally speaking, though, even if a person is convicted of an Indecent Exposure crime, they will not have to register as a sex offender unless they are convicted of Aggravated Indecent Exposure involving fondling and the victim (the person witnessing the exposure of private parts) is a minor. In that case, it is a "Tier 1" offense, which means you would have to register as a sex offender for the next 15 years, and that period begins after any Jail or Prison time is served.

Normally, a Tier 1 offense would not place you on the Public Sex Offender Registry; only Prosecutors and Police could access your information. However, by its nature, any Indecent Exposure that requires you to register in the first place also involves a minor. Where the victim is a minor, even a Tier 1 offender must register publicly.

You must also know that the Michigan Sex Offenders Registration Act contains a "Catchall Provision." This means that even for a conviction that is a "non-sexual offense," sex offender registration could still be required if the offense "by its nature constitutes a sexual offense against an individual who is less than 18 years of age." This creates the distinct possibility that even someone who is convicted of regular Indecent Exposure (as opposed to Aggravated Indecent Exposure) may still be forced to register as a Tier 1 sex offender, depending on the facts of the case. Therefore, the Criminal Defense Attorney handling the case must understand this fact (many do not) and fight vigorously against this. Indecent Exposure in Michigan is a serious crime!

When you are publicly registered, any person with access to the internet can find out you are a sex offender. You would be prohibited from residing, working, or loitering within 1000 feet of any school property, known as a "Student Safety Zone" (with exceptions for students living with parents);

Speak with a dedicated Michigan indecent exposure lawyer to explore your legal options and protect your rights!

Sex Offender Registry Requirements Can Affect Every Aspect of Your Life

In addition to "reporting" or "verifying" (at various intervals, depending on which Tier you fall under), you would have to notify the proper law enforcement agency immediately if you do any of the following:

• Enroll at any College or University, or discontinue enrollment;
• Change your place of employment or quit or are fired;
• Change your residence or domicile;
• Change your name;
• Establish any E-mail or Instant Message address or any other type of account used in internet communications or postings;
• Intend to temporarily reside at any place other than your residence for more than seven days; or
• Purchase or begin to drive any vehicle regularly, or if you sell, transfer, or stop driving the vehicle.

Failures to register, report/verify, and comply with the Sex Offenders Registry Act are crimes themselves.

How the Holmes Youthful Trainee Act (HYTA) Can Help Young Adults Avoid a Criminal Record and Sex Offender Registration

The Michigan Holmes Youthful Trainee Act, MCL 762.11, allows an accused young person aged 17 to 21 (24 beginning in August 2015) at the time of the offense to plead guilty to the offense but never have a conviction. Instead, the case is dismissed if the sentence is successfully completed.

It is possible to get HYTA for Indecent Exposure. Indecent Exposure does not per se make a person ineligible for it. The significant advantage of getting HYTA is that you will not have to register as a sex offender. First, a person cannot get HYTA for an offense punishable by a maximum sentence of LIFE in Prison. Note that a conviction for Indecent Exposure in Michigan by a "sexually delinquent person" (defined above) is punishable by LIFE. Also, if the facts of the case are such that it is a "listed offense" that requires sex offender registration (see above), you cannot get HYTA unless it is shown by clear and convincing evidence that you are not likely to commit another listed offense. Moreover, if the case involves any conduct characteristic of 1st Degree Criminal Sexual Conduct ("CSC"), 2nd Degree CSC, 3rd Degree CSC, or 4th Degree CSC, then HYTA is not an option. Even if you receive HYTA status, you can still be sentenced to Jail or Prison.

What is the Sentence for Indecent Exposure or Aggravated Indecent Exposure in Michigan?

Michigan's Indecent Exposure law makes it a misdemeanor punishable by "not more than 1 year in Jail or by a fine of not more than $1,000.00." Michigan's Aggravated Indecent Exposure law makes it punishable by up to 2 years in Prison. But for a "sexually delinquent person," the minimum penalty is 1 day in Jail and the maximum penalty is LIFE in Prison.

With the right attorney fighting your Indecent Exposure case, even if you are technically guilty, it is still possible to get probation.

Yes, this is all very intimidating, but it is much more important to focus on how you will fight your Indecent Exposure charges with a top-rated and highly-respected Michigan Sex Crimes Defense Lawyer.

At Prain Law, PLLC, we defend those accused of crimes like Indecent Exposure and Aggravated Indecent Exposure. You can access comprehensive legal counsel and care by contacting our Michigan sex crimes lawyer at your earliest convenience.

Indecent Exposure Charges in Metro Detroit: Local Challenges and Legal Implications

In the vibrant communities of Metro Detroit, including areas like Warren and Southfield, the implications of an Indecent Exposure charge can be particularly daunting. Residents may face serious legal consequences affecting their personal and professional lives. With the proximity to local government entities such as the City of Warren and the City of Southfield, understanding the nuances of these laws is crucial for anyone navigating this complex legal landscape.

Residents may experience unique challenges when it comes to Indecent Exposure charges. For instance, public events, such as those held at the Detroit Riverwalk or during the Detroit Jazz Festival, can lead to misunderstandings that escalate into legal issues. The local community's standards of decency and morality can vary significantly, making it essential to have a knowledgeable advocate who understands the local context. Additionally, the potential for being placed on the Michigan Sex Offender Registry can have long-lasting repercussions, affecting employment opportunities and community standing.

Moreover, the local law enforcement agencies, including the Warren Police Department and the Southfield Police Department, are vigilant in addressing public decency laws, which can lead to increased scrutiny during community events. This heightened awareness can create a challenging environment for individuals who may find themselves in a situation that could be misinterpreted. Understanding your rights and the legal definitions surrounding Indecent Exposure in Michigan is vital to navigating these waters effectively.

Whether you are a long-time resident or new to the area, being informed about the local laws and the potential consequences of Indecent Exposure charges can empower you to make better decisions. If you face such charges, it is essential to consult with a legal professional familiar with the Metro Detroit area, who can provide guidance tailored to your situation.

Protect your future and fight back with confidence. Reach out now to speak with a trusted Michigan indecent exposure lawyer who understands what's at stake!

Commonly Asked Questions