Indecent Exposure in Michigan (MCL 750.335a)

Indecent exposure in Michigan is governed by MCL 750.335a, which says a person "shall not knowingly make any open or indecent exposure of his or her person or of the person of another."^[1] The basic offense is a misdemeanor punishable by up to 1 year, a fine of up to $1,000, or both.^[2] Two things can raise the stakes: fondling during the exposure, and a finding that the person was a "sexually delinquent person."^[3][4]

This page explains the elements, the three penalty levels, how the sexually delinquent person provision works after People v Arnold, related offenses, and when registration applies.

What does the prosecution have to prove?

The statute itself is one sentence, and it does not define "open or indecent exposure."^[1] The model jury instruction fills in what a jury is asked to find:^[9]

1. that the defendant exposed a stated part of the body;^[9]
2. that the defendant knew he or she was exposing it;^[9]
3. that the defendant did this in a place under circumstances in which another person might reasonably have been expected to observe it and which created a substantial risk that someone might be offended, or in a place where such exposure is likely to be an offense against the community's generally accepted standards of decency and morality.^[9]

The instruction was last amended in August 2025 to add an alternative element for cases in which the defendant is charged with being a sexually delinquent person.^[9]

How courts have read the statute

• Location is not the test. The Court of Appeals said in People v Neal that the statute does not require that an exposure occur in a public place, and that the focus should be on "the act of intentionally exposing oneself to others who would be expected to be shocked by the display."^[10][11]
• A willing audience is not a defense. In People v Wilson, the Court of Appeals said a prosecution is not beyond the statute simply because the conduct is performed before an audience of consenting adults.^[10]
• A broadcast image can qualify. In People v Huffman, the Court of Appeals upheld a conviction based on a televised image.^[10]
• Someone else must be the one offended. To support a prosecution, the person offended by the exposure must be someone other than the person who is exposed.^[11]

Penalties

Version	Classification in the statute	Maximum
Indecent exposure, MCL 750.335a(2)(a)	Misdemeanor	1 year, a fine of up to $1,000, or both[2]
Exposure while fondling the genitals, pubic area, buttocks or, if female, breasts, MCL 750.335a(2)(b)	Misdemeanor	2 years, a fine of up to $2,000, or both[3]
Exposure by a person who was at the time a sexually delinquent person, MCL 750.335a(2)(c)	Not labeled	An indeterminate term, minimum 1 day and maximum life[4]

The second row is called "aggravated indecent exposure" in court opinions and the benchbook; the statute does not use that word, and it calls the offense a misdemeanor even though the maximum is 2 years.^[3][12]

A person cannot be convicted of both indecent exposure and aggravated indecent exposure for the same act. The Court of Appeals held in People v Franklin that the two are the "same offense" for double jeopardy purposes.^[12][13]

The statute's most recent amendment was 2014 PA 198, effective June 24, 2014.^[14]

The "sexually delinquent person" provision

What the term means

Under MCL 750.10a, a sexually delinquent person is any person whose sexual behavior is characterized by:^[15]

• repetitive or compulsive acts which indicate a disregard of consequences or the recognized rights of others;^[15]
• the use of force upon another person in attempting sex relations of either a heterosexual or homosexual nature; or^[15]
• the commission of sexual aggressions against children under the age of 16.^[15]

It is a sentencing provision, not a crime

The Michigan Supreme Court has described MCL 750.10a as a definitional statute that "does not carry the possibility of a separate conviction or sentence independent of other charges."^[6] The sexual delinquency scheme applies to only five offenses: crime against nature, indecent exposure, and the three gross indecency statutes.^[6]

How it is charged and proved

• The charging document "shall charge the offense and may also charge" that the defendant was a sexually delinquent person at the time of the offense.^[7]
• Sexual delinquency must be proved beyond a reasonable doubt.^[7]
• The prosecution may produce expert testimony, and the court must provide expert testimony for an indigent accused at his or her request.^[7]
• If the accused pleads guilty to both charges, the court must still, before sentencing, examine witnesses on the question of sexual delinquency in open court, and may call on psychiatric and expert testimony.^[16]
• Whether a separate jury hears the sexual delinquency question is within the trial court's discretion; the Michigan Supreme Court held in People v Breidenbach that separate jury trials are discretionary, not mandatory.^[13]

Is 1 day to life mandatory?

No. In People v Arnold (2018), the Michigan Supreme Court concluded that a 1-day-to-life sentence "has never been required by the statutory scheme" and overruled a Court of Appeals decision that had treated it as mandatory. The Court read it as "an option a sentencing judge could draw upon, alongside and not to the exclusion of other available options," and held that the option, if chosen, is nonmodifiable.^[5]

The 2018 opinion left open how the sentencing guidelines fit in. On remand the Court of Appeals said a judge could instead impose a term consistent with the guidelines, but the Supreme Court reversed that decision on July 28, 2021.^[17] It held that "the guidelines do not create an alternative sentence that can be imposed instead of the '1 day to life' sentence," and that a court may impose either the applicable penalty in MCL 750.335a(2)(a) or (b), along with any applicable sentence enhancements, or the 1-day-to-life sentence in subsection (2)(c).^[17] Articles written between 2019 and mid-2021, and some later summaries, still describe the guidelines as an alternative; that is no longer the rule.^[17] The procedure statute says that on a verdict or plea of guilty the court "may impose any punishment provided by law for such offense."^[16]

"Nonmodifiable" means that if the judge does choose the 1-day-to-life sentence, it is imposed in that form.^[5] Parole is discussed in Prison, parole and treatment. Guidelines sentencing is explained in How sentencing guidelines work.

What is not indecent exposure

Breastfeeding. A mother's breastfeeding of a child or expressing breast milk does not constitute indecent or obscene conduct under the statute, regardless of whether her areola or nipple is visible.^[8]

Conduct covered by other statutes. Several neighboring offenses have their own elements:

Offense	What it covers	Maximum
Disorderly person: indecent or obscene conduct in a public place, MCL 750.167(1)(f)	A person engaged in indecent or obscene conduct in a public place; the model instruction asks whether the conduct was shocking to the sensibilities of a reasonable person, outside reasonable societal standards of decency, and offensive to a reasonable person[18][19]	90 days, a fine of up to $500, or both[18]
Open and gross lewdness, MCL 750.335	Open and gross lewdness and lascivious behavior by any individual, married or unmarried[20]	1 year or a fine of up to $1,000; prosecution must begin within 1 year[20]
Gross indecency, MCL 750.338 to 750.338b	An act of gross indecency, in public or in private[21]	5 years or a fine of up to $2,500[21]

Which statute fits a given set of facts is a charging decision for the prosecuting attorney. No Michigan case on facts such as public urination was reviewed for this guide, so this page states only the elements. See Gross indecency and Who decides to charge.

Sex offender registration

Registration depends on which part of the statute the conviction falls under.

Conviction	Registry treatment in the statute
Basic indecent exposure, subsection (2)(a)	Not named on the tier lists by section number[22]
Exposure while fondling, subsection (2)(b)	Tier I "if a victim is a minor"[23]
Any offense committed by a person who was at the time a sexually delinquent person	Tier I[23]

A Tier I offender must comply with the registration act for 15 years.^[24] The act keeps a person who is registered solely because of a single Tier I conviction off the public website, with listed exceptions, and a violation of MCL 750.335a(2)(b) where a victim is a minor is one of those exceptions.^[25]

Even for an offense that is not listed, the sentencing court must determine whether it by its nature constitutes a sexual offense against an individual less than 18 years of age; if it does, the conviction is for a listed offense and the court must state the basis on the record.^[26] See SORA tiers and Public and non-public registration.

Time limits and clearing a record

For offenses that have no period of their own in the limitations statute, charges may be filed within 6 years after the offense.^[27] The open-and-gross-lewdness statute is different: it carries its own 1-year limit.^[20] See Statute of limitations for sex crimes.

Whether a conviction can later be set aside depends on the offense and the person's record; the rules are in Expunging a sex offense conviction.

What people get wrong

"A sexually delinquent person finding means a mandatory 1 day to life." Under People v Arnold, that sentence is an option, and the judge may instead impose the ordinary penalty in subsection (2)(a) or (b) with any applicable enhancements.^[5][17] A sentence built on the sentencing guidelines is not one of the choices.^[17]

"Sexually delinquent person is its own charge." It is an alternate sentencing provision tied to five offenses and cannot support a conviction by itself.^[6]

"Aggravated indecent exposure is a felony." The statute calls it a misdemeanor punishable by up to 2 years.^[3]

"It has to happen in public." The Court of Appeals has said the statute does not require a public place.^[10]

"Every indecent exposure conviction puts a person on the registry." The tier lists name the fondling version only where a victim is a minor, and separately list offenses by a sexually delinquent person.^[23]