A person commits the crime of indecent exposure by exposing the person’s body or private parts (usually genitals, anus, buttocks, or female breasts) in a public place and in the presence of another person who might be offended, alarmed, or annoyed. Laws vary from state to state—including definitions of exposed body parts—and some states require the exposure to have been made with the intent to attract attention or to sexually gratify the person making the indecent exposure, or to sexually gratify another person, or to offend another person.
Indecent exposure laws are generally located in a state’s statutes—often in the penal or criminal code.
In Michigan, indecent exposure is addressed under Michigan Penal Code Section 750.335a. A person can be charged with indecent exposure for intentionally exposing their genitals or buttocks, or if a female, her breasts, in a public place or in any place where there are present other persons to be offended or annoyed thereby. The law does not require the exposure to be made with the intent to sexually gratify the person making the exposure. However, if the exposure is made with the intent to sexually gratify, the person may be charged with a more serious offense, known as 'aggravated indecent exposure.' This includes situations where the person fondles his or her genitals, pubic area, buttocks, or, if the person is female, breasts. The penalties for indecent exposure can range from a misdemeanor for simple indecent exposure to a felony for aggravated indecent exposure, which involves additional factors such as fondling. It's important to note that local ordinances may also have regulations regarding indecent exposure, and these can vary from one municipality to another within the state of Michigan.