By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed November 04, 2024
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Under Michigan law, the police can arrest you for indecent exposure if they find you engaging in public nudity. You may also face indecent exposure charges if you engage in other behaviors while in public. For example, if you're a "flasher" seeking sexual gratification by exposing your private parts to strangers, you may end up with an indecent exposure conviction. The same is true if the police catch you urinating in a public parking lot.
While the penalties for indecent exposure may seem minor, depending on the facts of your case, you may face an aggravated indecent exposure charge. The court may also order you to report to the Michigan sex offender registry.
None of these things is good for your personal or professional life. You don't want your neighbors and coworkers treating you like a sexual delinquent. Nor do you want something like this to appear on your criminal record.
If you're involved in an indecent exposure case, consult an experienced criminal defense attorney. Here, we'll explain Michigan's indecent exposure laws and describe the penalties and defenses to these criminal charges.
Michigan Law contains two types of indecent exposure offenses — "Simple" indecent exposure and "Aggravated" indecent exposure. The penalties for aggravated public indecency are more severe than for simple indecent exposure. But you may face jail time and fines for both types of criminal sexual conduct.
According to Michigan Criminal Code (MCL) Section 750.335a, the difference between these offenses involves the defendant's specific behavior. We will discuss this in more detail below.
The state can charge you with simple or indecent exposure if you expose intimate parts of your body in a public place. There is no requirement that other people be present at the time of the exposure. The law only requires that there is a risk of someone else seeing the defendant at the time of the offense.
For a conviction of simple indecent exposure, the state doesn't have to prove intent. All the prosecutor has to prove is that you exposed any of the following body parts while in a public place:
The state will charge you with aggravated indecent exposure if you are fondling yourself or engaging in any sexual acts in a public (or private) place. You'll face an enhanced penalty under Michigan's aggravated indecent exposure laws.
Aggravated indecent exposure is a felony offense carrying a maximum penalty of up to two years in state prison and a $2,000 fine.
Technically, you may face aggravated indecent exposure charges whether you expose yourself in a public or private place. All the state must show is that you expose yourself for either sexual gratification or intimidation. It doesn't matter if your behavior happens inside your home or on the street.
Of course, your attorney will have an easier time devising a defense strategy if you were on private property at the time of your arrest.
Michigan law also recognizes something called "gross indecency." Gross indecency charges apply to cases involving two or more people engaging in sexual acts while in a public place. A person can be guilty of this offense if they engage in open exposure and sexual acts in a private place as well.
Visit Michigan Penal Code Section 750.338, et seq. for more information on Michigan's gross indecency laws.
If you're facing charges of indecent exposure in the State of Michigan, you should get to know your state laws. The table below summarizes these laws and describes the penalties for each offense.
| Code section | Michigan Criminal Code Section 750.335a |
|---|---|
| What is prohibited | Simple Indecent Exposure: Exposing intimate body parts in a public or private place. Aggravated Indecent Exposure Laws: These laws ban fondling your private parts or engaging in sexual conduct with another person. This includes masturbating, heavy petting, and actual intercourse. |
| Penalties | Simple Indecent Exposure: This crime is a misdemeanor and is punishable by up to a year in jail and a possible $1,000 fine. Aggravated Indecent Exposure: Also a misdemeanor. But the penalties are more severe. If you're guilty of this offense, you'll face up to two years in jail and a fine of up to $2,000. If the defendant is a sexually delinquent person, or if a minor witnesses the indecent exposure, the penalties are enhanced. Specifically, the judge may sentence you to life in prison and assess hefty fines. |
| Sex offender registry (SORA) | If an offender is a "sexually delinquent person" at the time of the offense, the crime is a felony carrying an indeterminate prison sentence and possible lifetime sex offender registration. |
Note: State laws are subject to change through new legislation, higher court rulings, ballot initiatives, and other means. While we strive to provide the most current information, consult a sex crime attorney or conduct legal research to verify your state laws.
You may assume that indecent exposure charges are no big deal. But a conviction for this crime is not only embarrassing but can lead to prison time and registration as a sex offender.
If you're facing these charges, consult an experienced criminal defense lawyer in Michigan.
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