The stigma and embarrassment associated with a conviction for indecent exposure or gross indecency can last a lifetime. Behavior associated with sexually related crimes is no longer just limited to adult offenders. Juveniles are becoming more sexually active than at any other time with the availability of sexually explicit content on the internet. In addition, much of what occurs in public places is subject to video surveillance which can be preserved as evidence against individuals charged with these crimes. In defending those charged under these statutes, our Macomb County criminal defense attorneys may recommend that our clients engage in counseling as a proactive measure. A positive counseling report can be utilized in the court system to seek a favorable resolution and validate that a particular client is not a predator, is not likely to re-offend and is not a risk to the public or children. Many cases that we have handled in our Macomb County Courts, especially for indecent exposure, qualify as isolated incidents with a low likelihood of being repeated. However, certain compulsive behavior, such as sex addiction or exhibitionist disorder, may require a regimen of long term counseling.
The offense of indecent exposure is a misdemeanor. MCL 750.335a defines the conduct and penalty for the offense of indecent exposure in Michigan as follows:
(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.
Gross indecency is a Felony
The offense of gross indecency is serious felony which can carry 5 years in prison. The offense is covered by MCL 750.338b and provides as follows:
Any male person who, in public or in private, commits or is a party to the commission of any act of gross indecency with a female person shall be guilty of a felony, punishable as provided in this section. Any female person who, in public or in private, commits or is a party to the commission of any act of gross indecency with a male person shall be guilty of a felony punishable as provided in this section. Any person who procures or attempts to procure the commission of any act of gross indecency by and between any male person and any female person shall be guilty of a felony punishable as provided in this section. Any person convicted of a felony as provided in this section shall be punished by imprisonment in the state prison for not more than 5 years, or by a fine of not more than $2,500.00, or if such person was at the time of the said offense a sexually delinquent person, may be punishable by imprisonment in the state prison for an indeterminate term, the minimum of which shall be 1 day and the maximum of which shall be life.
Maximum Penalty of Life in Prison if Labeled a Sexually Delinquent Person
Under certain circumstances, indecent exposure or gross indecency can be punished as a felony which can carry a maximum term of life in prison if committed by someone who is classified as a sexually delinquent person. Pursuant to MCL 750.10a, the term “sexually delinquent person”, shall mean any person whose sexual behavior is characterized by repetitive or compulsive acts which indicate a disregard of consequences or the recognized rights of others, or by the use of force upon another person in attempting sex relations of either a heterosexual or homosexual nature, or by the commission of sexual aggressions against children under the age of 16.
Identifying Reasons for Deviant Sexual Behavior
Public displays of nudity may constitute an isolated incident or occur as the result of intoxication. Indecent exposure in a public place may also be a sign of a psychological problem (exhibitionist). The offense of gross indecency is a more serious offense. Gross indecency cases usually involve a sex act in a public place. In either case, our firm may recommend a counselor for an evaluation and recommendation.