Justia Lawyer Rating
Super Lawyers
Washtenaw County Bar Association
AVVO Clients' Choice Award 2017

Aggravated Indecent Exposure

Ann Arbor Attorney Defending Parties Accused of Aggravated Indecent Exposure

Michigan law prohibits people from engaging in certain behavior that is considered lewd. For example, people that expose and touch themselves in public can be charged with aggravated indecent exposure. Aggravated indecent exposure is a sex offense that can result in substantial penalties, including the requirement to register as a sex offender, and anyone accused of such crimes should not take the allegations lightly. If you are charged with exposing yourself in public, it is wise to meet with a lawyer to discuss what defenses you may be able to assert to protect your rights. Sam Bernstein of ArborYpsi Law is an aggressive Ann Arbor criminal defense lawyer, and if he represents you, he will gather the evidence needed to provide you with a strong chance of obtaining a favorable outcome.

Aggravated Indecent Exposure Under Michigan Law

In Michigan, it is illegal for a person to knowingly expose themselves or another person in an indecent or open manner. The Michigan penal code does not define what is considered an indecent or open exposure. However, it provides that people that fondle their pubic area, buttocks, genitals, or if they are female, their breasts, while making an open or indecent exposure, will be guilty of aggravated indecent exposure. The penal code explains, though, that mothers who are expressing breast milk or breastfeeding their children in public will not be charged with engaging in obscene or indecent conduct, despite whether their nipple or areola can be seen during or because of the breastfeeding or expression of breast milk.

While aggravated indecent exposure is a misdemeanor, it carries a significant penalty. Specifically, a guilty verdict can result in a sentence of up to two years in prison, a fine of up to $2,000, or both. Further, people convicted of aggravated indecent exposure will be required to register as sex offenders.

Defenses to Indecent Exposure Charges

People charged with crimes in Michigan do not have to prove their innocence or offer any evidence in their favor. Instead, the burden of proof lies entirely with the prosecution. In other words, the prosecution has to prove, beyond a reasonable doubt, each element of the charged offense in order to obtain a guilty verdict. While there is no exact definition for what beyond a reasonable doubt means, it is generally understood to mean that the evidence must so strongly indicate the defendant’s guilt that a reasonable person could come to no other judgment than that the defendant committed the offense in question.

With regard to aggravated indecent exposure, this means that the prosecution must show not only that the defendant exposed and fondled themselves in a place where another individual might observe them but also that their behavior was considered indecent or offensive, and they undertook such actions knowingly.

Although criminal defendants are not required to present a defense, in many instances, it is beneficial for them to do so. For example, they may assert that the prosecution failed to prove their case, and therefore, the judge or jury should find them not guilty. In some instances, they may be able to argue that they did not act with the intent required for a conviction or establish that the prosecution’s witnesses are unreliable.

Speak with an Experienced Ann Arbor Attorney

A conviction for aggravated indecent exposure can irreparably damage a person’s reputation and rights. It is smart, therefore, for anyone charged with aggravated indecent exposure or any other sex offense to speak with an attorney regarding their options for protecting their interests. Sam Bernstein of ArborYpsi Law is an experienced Ann Arbor criminal defense attorney, and if you are charged with a sex crime, he can help you seek the best outcome possible under the facts of your case. We have an office in Ann Arbor, and we frequently defend parties charged with criminal offenses throughout Michigan, including cities in Ann Arbor, Dearborn, East Lansing, and Flint. You can contact us via our online form or by calling us at (734) 883-9584 to set up a free and confidential conference.

Client Reviews
Sam was a helpful lawyer who is a man of his word. He helped in our cases 2 times in a row with successful outcomes. I could not think of a better lawyer who is always on time to court, good attitude, smart, and honest. He is respectful and answers all of the questions we had. Two cases were both a success thanks to Sam Gigi
It has been a couple of days since Sam represented my son in Washtenaw County. He gave me the miracle I prayed for. He did way more than I thought was possible and as I told him on the phone I would hug him if I could. If you ever need a good lawyer, this guy is the one to hire – and his prices are very very reasonable. I wish him much prosperity and a good life. He made my life happy for the first time in a long time and I cannot thank him enough. Linda
Sam took my call and consulted me immediately. He provided fair pricing for the legal services I was requiring. I hired him about a week before my case, he still took on the case load and did amazing work. He is an excellent attorney and a friendly person to be in the court room with when you’re in a stressful situation. Devon