Michigan Indecent Exposure Lawyer

An indecent exposure or public indecency charge in Michigan can threaten your reputation, your job and your family long before a judge ever hears the case. Many of these cases start with a phone call from a detective, and what you say in that first conversation can shape everything that follows.

I’m Christopher Brown, a Michigan criminal defense attorney and former Detroit police officer. I know how these investigations are built, and I handle every case with discretion. We scrutinize every case, and when the evidence or the police work falls short, we challenge it.

What Is Indecent Exposure in Michigan?

Michigan’s indecent exposure law is MCL 750.335a. It makes it a crime to knowingly make an “open or indecent exposure” of your own body or someone else’s.

To convict you, the prosecutor must prove that:

1. You exposed the body part described in the charge.
2. You knew it was exposed.
3. The circumstances fit one of two legal theories:
   • Open exposure: the exposure created a substantial risk that someone might see it and be offended.
   • Indecent exposure: in its setting, the exposure was likely to offend generally accepted community standards of decency.

These are two different tests, and the prosecutor can’t treat proof of one as proof of the other.

Does It Have to Happen in Public?

Not necessarily. Michigan courts have held there is no strict “public place” requirement, and a case can arise from conduct inside a home. But the setting still matters a great deal: who could see, what barriers existed, and whether anyone could reasonably be expected to be there.

Aggravated Indecent Exposure

Aggravated indecent exposure is the same offense with an added element: the person was fondling their genitals, pubic area or buttocks (or, for a woman, her breasts) during the exposure. The prosecutor must prove both the exposure and the fondling.

Michigan law specifically excludes breastfeeding and expressing breast milk.

Michigan Indecent Exposure Penalties

The “sexually delinquent person” allegation is separate from the exposure charge itself. It is based on a claimed pattern of repetitive or compulsive behavior, and it dramatically raises the stakes. We fight it on its own.

Will I Have to Register as a Sex Offender?

Not for every indecent exposure conviction. Registration generally comes into play when:

• the conviction is for aggravated indecent exposure and the alleged victim was a minor, or
• the offense was committed by someone found to be a sexually delinquent person.

A basic indecent exposure conviction does not automatically require registration. But the exact charge you are convicted of matters enormously, and that is where the defense strategy begins.

If the Police Contact You

These cases almost always involve police questioning, often before prosecutors file any charge. A detective may call, leave a card or ask you to “come in and clear things up.” What you do next matters:

• Don’t talk to police without a lawyer. Detectives learn to get statements, and a friendly conversation can become the strongest evidence against you.
• Let your lawyer be the buffer. I handle communication with the detective, so you don’t have to.
• Don’t agree to a police polygraph. If a polygraph makes sense, we arrange a private one first, protected as attorney work product.
• Be polite, but don’t consent to searches of your phone, car or home.

Learn more about what to do if police want to question you.

How We Defend Michigan Indecent Exposure Charges

We examine every case carefully and challenge the charge whenever the facts allow:

• No knowing exposure: was it accidental, or did you not know you were exposed?
• Wrong theory: does the evidence actually fit open exposure or indecent exposure?
• The setting: sightlines, barriers, privacy and whether anyone could reasonably be expected to see
• Identification: is the witness sure it was you?
• The aggravating element: can the prosecutor really prove fondling?
• Duplicate charges: you can’t be convicted of both basic and aggravated exposure for the same act.

For other sex crime charges, see our Michigan sex crimes guide.

Mitigation: Protecting Your Record and Reputation

In the right case, the strongest path is to answer the prosecutor’s concerns head-on. When appropriate, we may use a private polygraph and/or a professional evaluation to show the incident doesn’t reflect a pattern or a risk to the public. That information can lead to a reduced charge, a non-registry outcome or even a dismissal.

Indecent Exposure Case Result

Indecent Exposure Charge Dismissed — Dearborn

Our client, a professional, was charged with indecent exposure. After we gave the prosecutor additional information, the prosecutor took the case under advisement and dismissed it within 60 days.

19th District Court — Dearborn, Wayne County

See more case results.

Michigan Indecent Exposure FAQs

Is indecent exposure a felony in Michigan?

Basic and aggravated indecent exposure are misdemeanors. A “sexually delinquent person” allegation changes that and carries a possible sentence of one day to life.

Do I have to register as a sex offender for indecent exposure?

Not for every conviction. Registration generally applies to aggravated exposure involving a minor or when there is a sexually delinquent person finding.

What is public indecency?

“Public indecency” is the common name for indecent exposure. In Michigan, the charge falls under MCL 750.335a.

Can I be charged if no one saw it?

Possibly. Michigan law doesn’t always require an actual witness, but the circumstances must still meet the legal test.

A detective wants to talk to me. What should I do?

Don’t speak with the detective until you’ve talked to a lawyer. Call us first.

Talk to a Michigan Indecent Exposure Lawyer

If you’re under investigation or charged with indecent exposure anywhere in Michigan, call (248) 468-1468 for a free, confidential consultation. We answer 24/7, offer virtual meetings, and accept credit cards and payment plans.