Criminal charges for indecent exposure can be serious, and a conviction can carry severe consequences, including fines, possible jail time, and mandatory registration on Michigan’s Sex Offender Registry (SORA). Unfortunately, many do not realize they can be convicted of indecent exposure for seemingly innocuous behavior or conduct they believed was lawful.
If you were charged with indecent exposure in Michigan, you need aggressive legal representation from an experienced criminal defense attorney. Elmen Legal is located in Ann Arbor and represents people charged with indecent exposure and other sex crimes throughout Michigan. Contact Elmen Legal today to schedule a complimentary, confidential, and no-obligation appointment to discuss your situation and how defense attorney Robert Elmen can help.
Michigan law recognizes two types of indecent exposure offenses. “Simple” indecent exposure occurs when a person exposes their intimate body parts in a public place. Aggravated indecent exposure occurs when a person fondles themselves or shows themselves engaging in sexual acts in a public place. Michigan recognizes a third crime of gross indecency by a sexually delinquent person for people who have prior sex crime convictions.
The crime of indecent exposure can occur almost anywhere, such as in a park, a public restroom, a parking lot, inside a vehicle, or even through the window of a private residence. Urinating in public could even lead to a charge of indecent exposure if it was witnessed by law enforcement.
“Simple” indecent exposure occurs when a person exposes their intimate body parts 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 be a risk of someone else seeing the defendant at the time of the offense.
To prove the crime of indecent exposure in Michigan, the prosecutor must show the defendant exposed their genitals, pubic area, buttocks, anus, or, if the person is female, their breasts or areola. There is an exception for mothers who are breastfeeding or expressing milk, regardless of whether the areola or nipple is visible.
Simple indecent exposure is a misdemeanor punishable by up to 1 year in jail and a $1,000 fine.
Aggravated indecent exposure occurs when a person fondles themselves or engages in sexual acts in a public place.
Aggravated indecent exposure is a felony, punishable by up to 2 years in prison and a $2,000 fine.
If at the time of the offense the defendant was a sexually delinquent person or if a minor witnesses the indecent exposure, a person can be charged with indecent exposure involving a sexually delinquent person, which is punishable by “imprisonment of an indeterminate term, the minimum of which is 1 day and the maximum of which is life.”
In addition to fines and possible jail time, someone convicted of indecent exposure could be required to register on the Michigan Sex Offender Registry (SORA). This is a publicly accessible list of people convicted of sex crimes. Having your name included in the Sex Offender Registry is not just embarrassing; it can make it more difficult to get a job and can limit your housing options.
People charged with indecent exposure often make the mistake of assuming it is a minor offense that they can fight themselves. Unfortunately, indecent exposure charges are not just embarrassing; they also carry the possibility of lifelong consequences.
Fortunately, an experienced criminal defense attorney can use various legal theories to fight the indecent exposure charges.
If the indecent exposure was the result of non-sexual activities, such as needing to urinate, your attorney could argue the indecent exposure was “not willful.”
If you were intoxicated at the time of the offense, the court might view that fact as a mitigating factor that could reduce the severity of the sentence.
Michigan courts have defined indecent exposure as the display of body parts that instinctive modesty and human decency dictate should remain covered in the presence of others. This definition is vague, as what is inappropriate in one context might be acceptable in another. For example, it would be entirely appropriate to wear a bikini to the beach, but not at a formal restaurant. In certain circumstances, a skilled defense attorney can use the vagueness of the definition to your advantage and argue that the context of the alleged indecent exposure excuses its alleged criminality.
Elmen Legal is located in Ann Arbor and defends people charged with indecent exposure and other crimes throughout Michigan. To put the experience of a seasoned criminal defense attorney to work for you, call (734) 707-8915 or contact Elmen Legal online today.
© 2025 Elmen Legal, PLLC — Ann Arbor, Michigan Criminal Defense Attorney
