Indecent exposure often ends up being a joke you see on TV or in movies. The reality of an indecent exposure charge is much different. Depending on the nature and circumstances of your indecent exposure violation, you may face substantial penalties and stigma that can follow you for the rest of your life. The consequences and stigma can go so far as even inhibiting new opportunities like housing or job prospects. This article will discuss indecent exposure, the penalties, and what you can do if you are charged with indecent exposure in Michigan.
Experienced Michigan Indecent Exposure Representation
Being charged with indecent exposure can be scary. The process can seem complicated and daunting, as with many other types of violations or procedures in the criminal justice system. If you have been charged with indecent exposure or any other Michigan criminal violation, it can be hard to know where to turn or whom to trust. However, when facing these kinds of consequences, it is essential to have an experienced Michigan criminal defense attorney on your side. An experienced criminal defense attorney will understand all the rules, regulations, and procedures to help protect your rights and interests and put you on the best defense. George Law criminal defense attorneys know what is at stake and are ready to represent you. To learn more or schedule your initial case consultation, call 248-247-7459 or visit our website today.
There are two kinds of indecent exposure: simple and decent exposure and aggravated indecent exposure. The elements for both types of indecent exposure are primarily the same; however, aggravated indecent exposure requires additional elements to be proven. Aggravated indecent exposure is a more severe charge, and with that conviction comes more serious consequences.
Simple Indecent Exposure
Under Michigan law, simple and decent exposure is knowing indecent or open exposure of oneself to another person. To be considered indecent, you must expose your genitals, buttocks, pubic area, or breasts. A typical example of simple and decent exposure is public urination. To be charged with indecent exposure, the exposure does not need to be intentional. No one needs to be present for you to be charged. You need only to have been in a location that puts you at risk of another person witnessing your exposure.
Simple indecent exposure is a misdemeanor in Michigan. A conviction for this charge is punishable by up to a year in prison, a fine of up to $1000, or both.
Aggravated Indecent Exposure
Aggravated indecent exposure occurs when the exposure of private areas involves fondling of those areas. Instances of aggravated indecent exposure are intentional and involve sexual gratification or intimidation of another person. As discussed above, indecent exposure often occurs in public settings and circumstances where you may not intend for someone to witness that exposure, but you can still be charged. However, aggravated and decent exposure may also apply in private residences or other private settings. For example, if you expose and fondle your genitals in front of a minor in your own home, you may face an aggravated indecent exposure charge.
Aggravated indecent exposure is often a misdemeanor, but it may be charged as a felony in certain circumstances. In Michigan, an aggravated indecent exposure conviction comes with a prison sentence of up to three years, up to a $2,000 fine, or both.
However, your penalties may be increased if you are a sexually delinquent person at the time of the underlying indecent exposure offense. A sexually delinquent person is anyone who repeatedly commits sex crimes in such a way that shows disregard for the law or others. If you are classified as a sexually delinquent person at the time of the offense, you face a felony conviction that carries penalties ranging from one day to life in prison.
Other Potential Indecent Exposure Consequences
In addition to the above consequences, you may also be required to register as a sex offender. You may be required to register as a sex offender if your offense involved a minor, you were previously a Tier 1 or a Tier 2 sex offender at the time of the violation, or you were a sexually delinquent person at the time of the offense. For example, if you were charged with aggravated indecent exposure involving a minor, you would be placed on the sex offender registry as a tier one offender, requiring you remain on the list for 15 years.
Sometimes, a Tier 1 sex offender can have their name removed from the sex offender registry ten years after conviction or release from prison. Regardless, your conviction will remain on your record even if you do not appear on the sex offender registry. This conviction can affect your ability to find new housing or jobs, as most new employers or landlords perform background checks on new employees.
Hiring An Experienced Michigan Indecent Exposure Attorney
With all of the consequences named above, it is vital that you do not treat your indecent exposure charge lightly. To prevent the results of an indecent exposure conviction, you must hire an experienced indecent exposure attorney as soon as possible. An experienced indecent exposure attorney can help you put on the best defense and ensure you do not face the harsh consequences of an indecent exposure charge. George Law criminal defense attorneys understand what is at stake and are ready to fight for you. To learn more or schedule your initial case consultation, call 248-247-7459 or visit our website today.