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Let’s begin by noting that the overwhelming<\/strong> majority of indecent exposure charges and aggravated indecent exposure charges are made against men. In those uncommon cases where a woman is charged, most involve having been caught getting a bit too frisky with someone, and in those cases, both parties find themselves being cited. More often, however, men are the ones who wind up being charged. Often, it\u2019s for something like outright flashing or masturbating in their car. Sometimes, however, it\u2019s for seeking the sexual company of other men in what turns out to have been some kind of undercover sting operation.<\/p>\nThere are, of course, many other situations that can give rise to indecent exposure charges. However, those listed above are among the most common. For the sake of simplicity, we\u2019ll use the term \u201cindecent exposure\u201d throughout this article to mean both regular indecent exposure and aggravated indecent exposure, unless a distinction between the 2 charges is necessary. Regular indecent exposure is just that – the exposure of one\u2019s genitals. It is a misdemeanor offense. The charge turns into \u201caggravated indecent exposure\u201d if someone fondles his (or her) genitalia.<\/p>\n
Aggravated indecent exposure<\/a> is also a misdemeanor, but, as we\u2019ll see, it\u2019s a special kind<\/em>\u00a0of misdemeanor.<\/p>\n Let\u2019s first examine the law<\/a>, then we\u2019ll break down what it really means:<\/p>\n THE LAW<\/u><\/strong><\/span><\/p>\n MCL 750.335a – Indecent exposure; violation; penalty; mother’s breastfeeding or expressing milk exempt.<\/strong><\/p>\n (1) A person shall not knowingly make any open or indecent exposure of his or her person or of the person of another.<\/strong> As mentioned above, aggravated indecent exposure is a \u201cspecial\u201d kind of misdemeanor. Normally, a misdemeanor offense<\/a> is one punishable by either up to 90 days or up\u00a0 to 1 year in jail. By contrast, almost all felony offenses<\/a> begin with sentences of up to 4 years in prison (not jail).<\/p>\n In Michigan, there is a certain class of hybrid offenses, like aggravated indecent exposure, that fall in the middle. These have several names, including:<\/p>\n As the names imply, these offenses carry a potential<\/em>\u00a0of more than the standard 1-year maximum jail term for misdemeanors. Because of that, they follow the exact same legal process as felony charges.<\/p>\n In other words, all 2-year offenses are treated as felonies.<\/p>\n In regular misdemeanor cases, the next step after an arraignment is a pre-trial. In felony cases, the next step after the arraignment is a probable cause hearing<\/a>. Because aggravated indecent exposure is treated as a felony, every such case will go to a probable cause hearing following the arraignment.<\/p>\n This can get very confusing. On top of that, things often play out differently in the real world<\/a> than they do on paper. In many aggravated indecent exposure cases, my team and I are able to get the charge reduced at the probable cause hearing stage in the district court. This, of course, avoids a conviction for the more serious offense. It also means the case won\u2019t be sent \u201cup\u201d to the circuit court. As the saying goes, “that’s all good.”<\/p>\n THE REALITY<\/u><\/strong><\/span><\/p>\n The threat of any<\/em>\u00a0jail time can sound scary, but don\u2019t panic. My team and I have NEVER<\/strong> had a client charged with either indecent exposure<\/a> or aggravated indecent exposure go to jail. Instead of jail, the real risk in an indecent exposure or aggravated indecent exposure case is being ordered into counseling. To be clear, we\u2019re talking intense, expensive counseling – and lots of it.<\/p>\n In other words, the court system is WAY more likely to send an offender<\/a> to treatment than to jail. The no jail thing seems like a relief, at first. However, who wants to have to attend (and pay for) serious sex-offender treatment he doesn\u2019t need?<\/p>\n That\u2019s where our firm comes in. We know how to properly handle indecent exposure charges. We know exactly what to do to avoid the potential legal penalties and negative consequences. Key among them is to keep our client from being \u201ctreated\u201d for a problem he doesn\u2019t have<\/p>\n PROGRESSION<\/u><\/strong><\/span><\/p>\n My team and I know that the court\u2019s biggest concern in indecent exposure cases is what\u2019s called progression<\/em>.<\/p>\n Progression describes the process of a someone starting out by committing smaller, less serious crimes – like indecent exposure – and then moving on to increasingly more serious sex offenses. This will invariably be where the court focuses a lot of its attention. Accordingly, it\u2019s also where my team and I direct our efforts.<\/p>\n There is a lot to these cases. However, avoiding as many of the legal penalties and negative consequences as possible is key. The bottom line is that success in an indecent exposure case is best measured by what does NOT happen to you.<\/p>\n
\n(2) A person who violates subsection (1) is guilty of a crime, as follows:<\/strong>
\n(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.<\/strong>
\n(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.<\/strong>
\n(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.<\/strong>
\n(3) A mother’s breastfeeding of a child or expressing breast milk does not constitute indecent or obscene conduct under subsection (1) regardless of whether or not her areola or nipple is visible during or incidental to the breastfeeding or expressing of breast milk.<\/strong><\/p>\n\n