750.335a Indecent exposure; violation; penalty.

Any individual who exposes his or her person or another individual's person and does so knowingly, in a way that is open or indecent, is guilty of indecent exposure, a misdemeanor offense in Michigan. There are two subdivisions of indecent exposure, which include:

750.335a (2) (b) Aggravated Indecent Exposure. If an individual not only exposes his or her private body parts but also fondles suggestive areas, he or she is guilty of aggravated indecent exposure. This will result in criminal penalties which are more severe.

750.335a (2) (c) Indecent Exposure by a Sexually Delinquent Person. When an individual exposes his or her person and is already known to be sexually delinquent, he or she is guilty of indecent exposure by a sexually delinquent person. The penalties for a conviction are extremely severe, and may include life in prison.

Punishment:

Indecent exposure is generally a misdemeanor offense which results in criminal penalties that include up to one year in jail and fines of up to $1,000 for those convicted. However, an individual who is convicted of aggravated indecent exposure may face penalties which are effectively double those for indecent exposure. A conviction for indecent exposure by a sexually delinquent person will result in punishment which includes a maximum of life in prison.

Other Consequences:

In addition to jail or prison time and fines, those convicted of indecent exposure may be required to register as a sex offender on the Michigan Sex Offender Registry. Registered sex offenders face many difficulties in regards to securing housing, employment, and in other aspects of their lives. The length of registration depends on factors including the seriousness of the crime an individual is convicted of, and typically lasts from 15 years to life. There are numerous consequences of being placed on the public registry.

Experience and Success:

The criminal defense team at Grabel & Associates has significant experience in successfully defending all types of sex offense charges, including Indecent Exposure. The firm has also experienced great success on behalf of clients in obtaining dismissals, acquittals, and having convictions overturned on appeal in many cases

Defenses:

There are multitudes of effective defense strategies that can help prove your innocence and win at trial. You may have been wrongly accused, or engaging in another behavior which someone mistook as indecent exposure. Clients often desire to pursue an appeal in an effort to have a conviction overturned or other post-conviction relief.

THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931

750.335a Indecent exposure; violation; penalty.

Sec. 335a.

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

(2) A person who violates subsection (1) is guilty of a crime, as follows:

(a) Except as provided in subdivision (b) or (c), the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year, or a fine of not more than $1,000.00, or both.

(b) 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.

(c) If the person was at the time of the violation a sexually delinquent person, the violation is punishable by imprisonment for an indeterminate term, the minimum of which is 1 day and the maximum of which is life.

History: Add. 1952, Act 73, Eff. Sept. 18, 1952 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003 ;-- Am. 2005, Act 300, Eff. Feb. 1, 2006