When it comes to being charged with indecent or aggravated indecent exposure, many people may feel a deep amount of shame and remorse. It might make one feel uncomfortable to have to share about the situation and explain what happened. This can often keep people from seeking professional assistance.
Many may not feel that the crime warrants additional legal advice, however, with new additional amendments to this specific law, we are seeing people not just face a misdemeanor for the act, but it can fall into the category of a felony when the crime is considered Aggravated Indecent Exposure.
Michigan Law on Indecent and Aggravated Indecent Exposure
Let’s get a better idea of how the law in stated. In Michigan, it is unlawful for a person to knowingly make any open or indecent exposure of themselves to another person. According to the Michigan Penal Code 750.335a, areas in which indecent exposure exists is when a person is fondling his or her genitals, public areas, buttocks. The act of indecent exposure is considered a misdemeanor and is punishable by no more than 1 year in prison and a $1,000 fine.
If the person at the time of the violation is a sexually delinquent person could have a minimum of 1 day to life in prison. According to Michigan law, “A person is a sexually delinquent person” whose behavior is characterized by repetitive or compulsive acts which indicate a disregard of consequences or the recognized rights of others, or the use of force upon another person in attempting sexual relations or there have been sexual aggressions toward children.” Michigan Penal Code 750.10a
An area that is not considered indecent exposure is a mother breastfeeding her child or expressing breast milk no matter how much of the breast, areola, or nipple is showing during the incident.
Penalties for Aggravated Indecent Exposure in Michigan
While cases for indecent exposure are not uncommon, many people think that they might be just facing a misdemeanor and until a few years ago, that might have been the case. However, the State of Michigan amended the law a few years ago to add a new charged called, “Aggravated Indecent Exposure.”
The law made a distinction between when a person exposes himself or herself to when a person is seen fondling his or her private parts. In the case, when a person seen fondling his or her private parts, the penalties can be raised. The penalty for Aggravated Indecent Exposure can fall into a felony offense.
Seek Experienced Legal Advice from an Experienced Michigan Sex Crime Attorney
The one thing we would like people to know is that when they call The David J. Kramer Law Firm, PLLC is that there is no judgment. Our goal is to help people to not have to experience unjust punishments.
Aggravated Indecent Exposure is not a charge one should face without a competent criminal defense attorney with the possibility of being sentenced with a felony and prison time.
If you or someone you know has been charged with an indecent exposure, don’t waste any time and seek help today. We are here to answer any questions or concerns that you might have.
248-348-7400 or 586-530-1000