Indecent Exposure in Michigan - "Uncovering" the Truth
Okay, I had to have a little fun with the title of this article, but the reality is that, for anyone facing this charge, it's really no laughing matter. Indecent Exposure cases are relatively common, and in my practice as a Criminal Defense Lawyer, come up regularly, if not necessarily frequently. In other words, I get my fair share.
Indecent Exposure is a Misdemeanor, but recent changes in the law have created a new kind of Indecent Exposure charge called "Aggravated Indecent Exposure," which is kind of hybrid crime called a "High Court Misdemeanor ." There is a very small class of Crimes called "High Court Misdemeanors" which are handled and prosecuted as Felonies, even though they are specifically called Misdemeanors in the Law.
When I say "handled and prosecuted as Felonies" I mean that, unlike typical Misdemeanor cases, which are and must be handled in the local, District Court, these cases start, like all Felonies, in the District Court, but must be finalized in the County's Circuit Court.
Unlike some Laws, which are complex and difficult, even for a Lawyer, to understand, the Indecent Exposure Law is straightforward and clear, and anyone reading it can understand it. Accordingly, there is no need for me to elaborate on the difference between the basic Misdemeanor and the Aggravated, High-Court Misdemeanor, beyond pointing out that what makes an Indecent Exposure Charge "Aggravated" is that the person charged was somehow "fondling" themselves.
The majority of Indecent Exposure charges involve having some private part exposed. While the name of the Crime itself can sound kind of "trench coat-flasher" creepy, many people are surprised to learn that merely urinating behind a building is an act of Indecent Exposure. Of course, for those who have been caught while relieving themselves, the whole notion of being charged with a sex crime is even more distasteful. It's probably true that most people would think of the terms "indecent exposure" as a "sex crime" when it involves something like "flashing." Despite what anyone thinks, and indeed, what anyone intended to do, or not to do, merely having certain private body parts exposed is enough to be charged with indecent exposure. No flashing, and no "audience" are necessary. As long as someone could possibly come upon and see a person who has some private part exposed, then having such a part exposed is Indecent Exposure.
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