D.G. Moore is a highly experienced Michigan criminal defense attorney with a proven track record of successfully defending clients against sex crime charges, including indecent exposure cases under MCL 750.335a. This guide provides an in-depth look at Michigan’s indecent exposure laws, penalties, and available defenses.
Michigan Penal Code Section 750.335a – Indecent Exposure
Michigan Penal Code Section 750.335a prohibits knowingly making an open or indecent exposure of a person’s genitals or of another person’s genitals, with a misdemeanor penalty of up to one year imprisonment or a $1,000 fine, or both.
What Is Indecent Exposure Under Michigan Law?
Indecent exposure is a criminal offense in Michigan defined under MCL 750.335a. A person may face charges if they knowingly expose their private parts or another person’s private parts in an open or indecent manner. This offense is considered a misdemeanor but can be elevated to a felony under certain circumstances.
Three Classifications of Indecent Exposure
- Standard Indecent Exposure – Knowingly exposing one’s private parts in public or private where it can be observed.
- Aggravated Indecent Exposure – Indecent exposure involving the fondling of genitals, buttocks, or female breasts.
- Indecent Exposure by a Sexually Delinquent Person – Committed by someone previously classified as a sexually delinquent person, carrying the harshest penalties.
Full text of MCL 750.335a – Michigan Legislature
Penalties for Indecent Exposure in Michigan
The severity of the penalties depends on the circumstances surrounding the offense.
| Offense | Penalty |
|---|---|
| Standard Indecent Exposure | Up to 1 year in jail, fine of up to $1,000 |
| Aggravated Indecent Exposure | Up to 2 years in prison, fine of up to $2,000 |
| Indecent Exposure by a Sexually Delinquent Person | Minimum of 1 day in prison, up to life |
Michigan Sex Offender Registry – Michigan State Police
Additional Consequences of an Indecent Exposure Conviction
A conviction under MCL 750.335a can have severe long-term effects beyond jail time and fines:
- Mandatory registration as a sex offender (depending on circumstances)
- Difficulty finding housing and employment
- Loss of professional licenses
- Social stigma and reputational damage
- Ineligibility for government benefits
Defenses Against Indecent Exposure Charges
Facing indecent exposure charges does not automatically mean a conviction. Several strong defense strategies may be used to challenge the allegations.
1. Lack of Intent
The law requires that the exposure be knowing and intentional. If the act was accidental or misinterpreted, charges may not hold up in court.
2. False Allegations
Many indecent exposure cases stem from misunderstandings, false accusations, or mistaken identity. Witness credibility can be challenged.
3. Constitutional Violations
If law enforcement violated your constitutional rights, such as an unlawful search or seizure, your case could be dismissed.
4. Lack of Evidence
The prosecution must prove beyond a reasonable doubt that the act occurred as alleged. Lack of video evidence or credible eyewitness testimony may weaken the case.
Understanding Michigan’s Sexually Delinquent Person Designation
In Michigan, an individual convicted of indecent exposure may be classified as a sexually delinquent person if they have a history of sexual offenses or engage in repeated unlawful sexual behavior. This classification significantly increases penalties, including potential life imprisonment. Factors that contribute to this classification include:
- A prior history of sex-related convictions
- Multiple indecent exposure offenses
- Evidence of sexually deviant behavior
Individuals deemed sexually delinquent face severe restrictions, including mandatory sex offender registration and potential civil commitment for treatment programs.
How Indecent Exposure Charges Differ From Public Lewdness
While indecent exposure involves the intentional display of private parts, public lewdness refers to engaging in explicit sexual acts in public. Both offenses carry legal consequences, but public lewdness often results in harsher penalties, including mandatory sex offender registration.
Key Differences:
- Indecent exposure: Involves nudity without sexual activity.
- Public lewdness: Includes explicit sexual acts in public.
- Legal consequences: Public lewdness is more likely to result in felony charges and lifetime sex offender registration.
Understanding these distinctions is crucial when building a strong legal defense against criminal charges.
Why You Need a Michigan Criminal Defense Lawyer
An indecent exposure conviction can have devastating consequences, including jail time, fines, and possible sex offender registration. D.G. Moore has decades of experience successfully defending clients facing sex crime charges in Michigan. He will fight to protect your rights, challenge the prosecution’s case, and work to get your charges reduced or dismissed.
Don’t risk your future. Call D.G. Moore Law at (269) 808-8007 for a confidential consultation today.
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Frequently Asked Questions (FAQs)
Is Indecent Exposure a Felony in Michigan?
In most cases, indecent exposure is a misdemeanor. However, aggravated indecent exposure is a high court misdemeanor, and indecent exposure by a sexually delinquent person is a felony with potential life imprisonment.
Does Indecent Exposure Require Sex Offender Registration?
Sex offender registration is not automatically required for indecent exposure but may be mandated in aggravated cases or those involving a sexually delinquent person.
Can You Be Charged with Indecent Exposure for Urinating in Public?
In some cases, public urination may be mistaken for indecent exposure, but intent matters. If the exposure was accidental, the charge can often be reduced or dismissed.
Can Indecent Exposure Charges Be Dropped?
Yes, charges may be dropped if the prosecution lacks sufficient evidence or if there are constitutional violations in how the case was handled.
What Are the Long-Term Effects of an Indecent Exposure Conviction?
A conviction can lead to difficulty finding employment, housing restrictions, social stigma, and potential mandatory sex offender registration.
Can an Indecent Exposure Conviction Be Expunged in Michigan?
In some cases, it may be possible to petition for expungement, but it depends on the severity of the charge and prior convictions.
