Public nudity is only one type of indecent exposure in Michigan!
Ask the average person what the crime of Indecent Exposure‘ is, and they’ll probably tell you it means ‘flashing’ someone. (This is the part where you envision a disheveled man in a trench coat, jumping out of a hedge in front of a woman and whipping his coat open to show that he’s wearing nothing more than his birthday suit!) And they would be correct. Showing your naked body to a passing stranger would be charged as indecent exposure in Michigan. But it certainly isn’t the only thing that would count as indecent exposure.
‘Indecent Exposure’ is a broad term under the law!
Under Michigan law, indecent exposure is described as “knowingly making any open or indecent exposure of his or her person, or of the person of another.” In other words, intentionally revealing any part of your body (or another person’s body) that is considered to be private to another person without their consent. That’s it. So flashing counts, but so does a whole host of other things.
One very important thing to remember, is that while the stereotype of the ‘flasher’ is almost always male, the law doesn’t specify a gender. This means that women can also be prosecuted for indecently exposing themselves, or someone else, in public. And with regard to the body parts you aren’t allowed to reveal? Those would include any part of the body that’s usually kept covered in polite society. For a man, this would mean his buttocks or genitals, and for a woman – her buttocks, genitals, or breasts.
What would count as Indecent Exposure in Michigan?
Because this crime could refer to different genders, different body parts, and different situations, it can seem very vague. So what exactly would count as indecent exposure in Michigan? Here are a few scenarios (not including the traditional flasher stereotype) to give you an idea of how broad the scope is:
- A woman going topless in a public place (unless the place she’s in happens to be a topless bar, in which case she would not be considered “indecently exposing’ herself.)
- A person pulling down another person’s pants as part of a practical joke, but which exposes that person’s genitals in public.
- Nude swimming at a public pool or beach.
- Wearing clothing that doesn’t adequately cover your genitals. (eg: a short skirt worn without anything underneath it, so the wearer’s genitals are exposed when they sit down.
You will notice that nowhere on that list is breastfeeding mentioned as a form of indecent exposure. That’s because in Michigan, a woman who is breastfeeding her baby, or expressing milk in a public place, is NOT considered to be indecently exposing herself! So regardless of what the people around her may feel about it, she can’t be charged with a crime.
Indecent Exposure can be charged two different ways!
Indecent Exposure, which we explained earlier, is a misdemeanor in Michigan. It’s punishable by imprisonment for up to one year, or a maximum fine of $1,000, or both. However, that isn’t the only way you can be charged with indecently exposing yourself. If the unsolicited peep show also includes what the law defines as “fondling”, the nature of the crime changes and so do the consequences!
Anyone accused of exposing themselves while also “fondling his or her genitals, pubic area, buttocks, or, if the person is female, breasts” is likely to be charged with Aggravated Indecent Exposure. Although this crime is called a high court misdemeanor, the fine remains the same, the punishment is increased to two years in jail. It is treated just like a felony in Michigan.
An Indecent Exposure conviction can get you on the sex offender list!
This is a very important factor that you need to be aware of. In Michigan, most people convicted of sex crimes are required to register as sex offenders. And believe it or not, indecent exposure is a sex crime! This can mean anywhere from fifteen years to a lifetime on Michigan’s public sex offender registry. This can have a huge impact on your life, including affecting your future job prospects, and making you a pariah in your community.
But it doesn’t have to be that way! If you or a loved one have been accused of exposing yourself to someone else against their wishes, then you need a skilled criminal defense attorney with extensive experience handling sex crimes cases. At The Kronzek Firm, our aggressive and trusted criminal defense attorneys have defended hundreds of Michigan residents against felony charges. We’re available 24/7 at 866 766 5245 (1 866-7NoJail) today to help you fight through this difficult time. The right attorney is critical to your future.