If you’re searching for an answer to that question, you’ve come to the right place. Michigan’s indecent exposure law covers two separate criminal offenses: simple indecent exposure, which is a misdemeanor, and aggravated indecent exposure, which is a felony. Understanding the difference between the two — and what either one can mean for you — is the first thing anyone facing one of these IE charges needs to know.
For a deeper look at how these cases play out in the real world — including what actually happens in court, what the psychological landscape looks like, and why most people facing these charges are not the predators someone might fear — see our full article: Michigan Indecent Exposure Charges and Legal Implications. This page covers the basics of the charge itself.
The Two Offenses Under Michigan’s Indecent Exposure Law
Both offenses are governed by MCL 750.335a. The statute defines indecent exposure as knowingly making any open or indecent exposure of one’s person or the person of another. What separates the two tiers is not the exposure itself, but whether touching or fondling of the genitals is involved.
Simple Indecent Exposure — Misdemeanor
Simple indecent exposure is a misdemeanor. The maximum penalty under the statute is up to one year in jail and a fine of up to $1,000. In practice, first-time defendants facing a simple IE charge rarely see the inside of a jail cell — the real exposure (pun somewhat intended) is the conviction on the record and whatever the court orders as part of probation or counseling.
Aggravated Indecent Exposure — Felony
Aggravated indecent exposure is a felony. It carries a maximum of two years in prison and a fine of up to $2,000. The aggravating factor that elevates the charge is fondling or touching of the genitals at the time of the exposure. Our firm has handled a large number of these cases over the years, and to be direct about it: we have never had a client go to jail or prison as a result of a conviction for either charge.
That doesn’t mean the charge isn’t serious — it is — but it’s important to understand what the realistic outcomes look like rather than assuming the worst.
Does an Indecent Exposure Conviction Require Sex Offender Registration?
This is the question we hear most often, and the answer is almost always no. A conviction for either simple or aggravated indecent exposure does not require sex offender registration — with three specific exceptions:
- A person who saw the exposure was a minor (under 18), or
- The defendant is also convicted of the separate felony charge of being a “sexually delinquent person,” or
- The defendant was already a registered tier 1 or tier 2 sex offender at the time of the incident.
In our experience, these exceptions apply to a very small percentage of the people who contact us facing an IE charge. For the overwhelming majority of defendants — those without a prior sex crimes record and whose alleged exposure did not involve a minor — sex offender registration simply isn’t part of the picture.
Common Questions
Will an indecent exposure charge show up on a background check?
A conviction will, yes — and that matters more than most people initially realize. A criminal conviction for indecent exposure, even a misdemeanor, is part of the public record. It will show up on standard background checks, which means it can affect employment, professional licensing, housing applications, and more.
The charge itself — meaning an arrest without a conviction — may also appear depending on how thorough the search is and how the records are maintained. This is one of the reasons that how a case is resolved matters as much as whether a person is “guilty” in some abstract sense.
A charge that gets dismissed, reduced, or diverted leaves a very different footprint than one that results in a conviction.
Is a first-time indecent exposure charge something that can be kept off my record?
In many cases, yes. Keeping the offense off the defendant’s record is always our first priority — and in a significant number of first-time IE cases, it’s a realistic goal. Michigan courts have various tools available depending on the facts and the jurisdiction: dismissals, diversions, plea arrangements to non-IE offenses, and in some cases deferred sentences that result in no conviction at all.
None of that is guaranteed, and the right approach depends heavily on the specific circumstances, the court, the prosecutor involved, and a good defense strategy. But the point is that “guilty or not guilty” is rarely the only question on the table. In most first-time cases, the conversation is really about what outcome is achievable — and keeping the record as clean as possible is almost always within reach.
Talk to a Michigan Indecent Exposure Lawyer — Free, Confidential Consultation
Our firm has been handling indecent exposure and aggravated indecent exposure cases in the Metro Detroit area — Wayne, Oakland, Macomb, and the surrounding counties — for more than three decades. We know these cases, we know the courts, and we know how to approach them. If you’re facing a charge like this, the worst thing you can do is wait.
Call us Monday through Friday, 8:30 AM to 5:00 PM, at 586-465-1980. After-hours, our answering service is available, and you can also reach us through the contact form or chat box on our website. Consultations are free, done over the phone, right when you call. Learn more about our Michigan indecent exposure defense practice.
