Michigan Indecent Exposure and Lewd Behavior Defense Attorney
Most people know that if they urinate in public or sunbathing nude they could be arrested and convicted of a misdemeanor. What most people do not know is that:
- Both are acts of Indecent Exposure and that a conviction for either could require that you register as a sex offender;
- Your exposure doesn’t need to be witnessed by another person as long as the exposure occurred in a public place; and
- It is not a defense that a person agreed to watch you commit indecent exposure
In Michigan the Courts define Indecent Exposure as: “Intentional exposure of part of one’s body (genitalia) in a place where such exposure is likely to be an offense against the generally accepted standards of decency in a community.”
These places can be a public park, beach, a public rest room, a shopping mall, a, restaurant, or a public sidewalk.
A conviction for a first act of Indecent Exposure is a misdemeanor crime punishable by up to one year imprisonment or a fine of up to $1000.00 or both. If you were charged with indecent exposure and it is alleged that you were fondling your penis, vagina, buttocks, or breasts (if a female) you could also be found guilty of a misdemeanor, but in this case you would now be punished by incarceration for up to 2 years or a fine of up to $2000.00, or both. If you are also charged as a sexually delinquent person (see below), you may be imprisoned for an indeterminate term, the minimum of which is 1 day and the maximum of which is life.
Sexually Delinquent Person
Sexually Delinquent Person is not a separate crime. It is an enhancement to the charged offense which greatly increases the punishment. This will happen if you are convicted of either:
- Gross Indecency between males
- Gross Indecency between females
- Crime against nature (sodomy/bestiality)
- Indecent exposure
A sexually delinquent person is anyone whose sexual behavior is characterized by committing any of the sex offenses listed above either:
- More than once
- In a manner that shows a disregarded of the consequences or the recognized rights of others
- By using force while attempting sexual contact
- If the act was against a child under the age of 16
If you are additionally convicted as a sexually delinquent person, the punishment then becomes imprisonment for at least one day to a maximum of life.
A disorderly person is defined as:
- A common prostitute
- A “peeping tom”
- Anyone engaged in indecent or obscene conduct in a public place
- Anyone loitering in a house where prostitution or lewdness is practiced, encouraged, or allowed
In Michigan the law states that any man or woman, married or unmarried, who is guilty of open and gross lewdness and lascivious behavior, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year, or a fine of not more than $ 1,000.00. Lewd behavior is any scandalous sexual exhibition between two adults. Two examples of lewd and lascivious conduct are acts performed in topless bars such as lap-dancing and mutual masturbation in the club’s “fantasy room”.
Sex Offender Registration
Whether or not you will be required to register as a sex offender will depend on two things:
- Whether or not you are convicted of the offense more than once
- Whether the victim is a minor
In both circumstances, you will be required to register for 15 years as a Tier I offender. In any of the above cases, after hearing your version of events, I may meet with the police investigator and persuade him or her not to file the case at all. If charges are filed, I will review the police report and the evidence against you. If this is a case of mistaken identity, I may be able to establish an alibi. Under any circumstances, I will explore all possible defenses and work diligently with the goal of getting the case against you dismissed or the charges reduced. To learn how I can help you, please contact my office today
If you are convicted of any of the above crimes you might be required to register as a sex offender. Please call Leslie Posner Law toll free 866-697-7404 anywhere in Michigan, or locally at 313-628-4711. I am a criminal defense attorney that can evaluate you case and give you direction where to head. Your rights will be protected and all efforts will be exhausted to minimize any negative consequences you might be subject to.