Indecent Exposure - Lewd ConductIndecency Laws: The Bare Facts, by Defense Attorney Bruce Alan Block of Grand Rapids, Michigan.A Brief History of Indecency Laws. “In the Beginning, God created the heavens and the earth . . . and on the sixth day God created man in his own image, male and female he created them, and they were naked and without shame.” Genesis I So begins the Creation story. We all know what happens next, Eve eats the forbidden fruit, she shares it with Adam, and they discover they are naked. They hide away in shame and God sheds the blood of an animal to cover them and then banishes them from the Garden of Eden. Like Adam and Eve, each child is born naked, without shame. As the child grows he/she is taught modesty (or not) by parents and the community, which decides what is indecent. What might be completely acceptable in one society is strictly forbidden in another. At one end of the spectrum is modern man and at the other end are the primitive tribal people groups. The more 'civilized' a person becomes (whatever that means), the more effort they make to conceal their naked body from other humans. Standards of what is 'decent' and thus 'indecent' varies widely. Humans have progressed from living in a state of complete nakedness up and through the ridiculous attire worn during the 1700's by kings and royalty. Ancient women's clothing changed over time, but the female breasts were often exposed, especially in the lower classes. The breasts were typically exposed and painted in ancient Egypt. Greek women are often shown wearing a tunic garment with an exposed breast. Athletes in the 720 B.C. Athens, Greece Olympics competed in the nude,
although female spectators were not allowed. The Greek word gymnasium means a
place to train naked. Indigenous groups in North America, South America, Africa, the Pacific Islands and other less traveled areas have little or no need for clothing to protect themselves from the elements. For thousands of years, women in these areas, including many American Indians, ran around bare-breasted with perhaps a grass skirt - or not - and thought little of it. In some places today, both men and women work and live completely naked.
 Between 1700 and 1900 A.D., a woman's bare legs, ankles, or shoulders were considered much more risqué than a bared breast. As time progressed, the moral virtues of the Victorian Era (1837 - 1901) wholeheartedly spread the nude and lewd taboo. Human attire reached the pinnacle of absurdity during this time, when layer upon layer of clothing was worn (often it took an hour just to get dressed) no matter the temperature. Any small exposure of flesh was indecent, especially a woman’s bare ankle. Even the legs of chair and tables were covered. Indecency Laws Today.Except for certain beaches in Florida and California, it remains indecent (and thus illegal) for a woman to go topless or 'topfree.' Likewise it is expressly forbidden for a man or woman to show their genitals or pubic area in public (unless of course they are on a nude beach). In 1992 a New York Appeals Court ruled that the state's criminal indecent exposure laws did not ban the exposure of bare female breasts in public, so long as the exposure was not for commercial reasons. Much of the world commonly allows topless or full nudity at public beaches and parks. In contrast, many Muslim countries require that women cover their arms and legs; in some places they must even cover their face with a burqa. Moslem teachings provide that modesty is an important virtue and thus insufficient dress is forbidden. The United States of America was founded in the name of Life, Liberty, and the Pursuit of Happiness, and while the Constitution provided for freedom of speech, freedom of assembly, and freedom of the press, it did not include freedom from clothing. Nearly every developed or modern nation has criminalized public nudity, although local standards decency vary dramatically. One community in Florida tried to scientifically determine how much of the female breast could be shown and remain 'decent.' The ordinance allows 3/4 of the female breast to be shown sans nipple or areola (thankfully there is an exception for nursing mothers). "Each female person may determine which 1/4 of her Breast surface area...contiguous to and containing the areola is to be covered." The ordinance has a lengthy (and unintelligible) paragraph that tries to define the human buttocks and the amount that can be legally displayed: "Buttocks: The area at the rear of the human body (sometimes referred to as the glutaeus maximus) which lies between two imaginary straight lines running parallel to the ground when a person is standing, the first or top such line being 1/2 inch below the top of the vertical cleavage of the nates (i.e., the prominence formed by the muscles running from the back of the hip to the back of the leg) and the second or bottom such line being 1/2 inch above the lowest point of the curvature of the fleshy protuberance (sometimes referred to as the gluteal fold), and between two imaginary straight lines, one on each side of the body (the "outside lines"), which outside lines are perpendicular to the ground and to the horizontal lines described above and which perpendicular outside lines pass through the outermost point(s) at which each nate meets the outer side of each leg." The definition goes on and on. Honestly! We did not make this up --
see for yourself. Interestingly, in England it is considered “indecent,” if a man exposes his genitals with the intent to 'cause alarm or distress.' The English law only applies to men, as English law makers apparently recognized that the female genitalia are internal. Even though the breasts of women and men are anatomically identical - except for size - it remains indecent in most of the world for a woman to walk around without covering her breasts. Historically, American men were required to cover their breast area (chest) when in the company of women up until recent history (early 1920's). Indecent Exposure in Michigan. Webster’s Diction defines indecent exposure as the “intentional exposure of part of one’s body (as in breasts or genitals) in a place where such exposure is likely to be an offense against the generally accepted standards of decency.” While mooning or flashing your boobs at your friends may be amusing, Michigan law considers such an exposure indecent. Until 1958, it was illegal in Michigan for men to be naked around a female, even at a private, secluded nudist retreat. So what then is Indecent Exposure in Michigan? Unfortunately, there is no simple answer. What is 'indecent' depends on where you live and who you ask! Many women will consider a man's 'plumber's crack' to be indecent, although we are not aware of anyone being arrested and prosecuted for this heinous crime (at least not yet). Going topless at Holland Beach or Grand Haven Beach is a surefire way to get in legal trouble. We are not aware of any public or private beaches in Michigan that allow women or men to suntan au natural. You have probably heard horror stories from friends of getting charged with urinating in public. Some tell of getting arrested for indecent exposure when walking out of a dark alley because the police assumed they were urinating! Even though there is a statewide ban against indecent exposure, it is just as easy to get arrested for violating a city, township or campus ordinance. The City of Grand Rapids Indecency ordinance states: "No person shall. . .Make an indecent exposure of his or her person" (note the lack of any definition of what is indecent!). The City of Newaygo’s indecency ordinance provides: "No person shall engage in any indecent conduct in any public place." The City of Wyoming prohibits nude exposure and skinny dipping: "It shall be unlawful for any person to swim or bathe in the nude in any public place or place open to the public." Most college campuses have a similar laws or student code of conduct rules. Of course, there there are certain acts that are certain to be considered indecent, such as: urinating in public, mooning, flashing your breasts, buttocks, genitals or pubic area,
or walking topless down most, if not all, of Michigan's beaches. You you don’t have to go topless or nude in public to be Indecent. A Michigan man whose male member was visible through his unzipped pants was convicted of indecent exposure. Recently (Fall 2009), a Virginia man was
convicted for walking nude from his bed to the kitchen, inside his home, to get a cup of coffee at 5:30 a.m., unaware he could be seen from outside. A 'helpful' neighbor called the police and the
man was convicted:
Virginia man Convicted of
walking nude to kitchen to make coffee.A Michigan woman was arrested for indecent exposure for sunbathing in a bikini in her front yard (of course her neighbors complained that it was too small for her rather larger build...) A woman rafting down the Muskegon river climbed out and 'went' behind some bushes in an unpopulated area. A DNR Officer saw her and wrote her up for indecent exposure. She protested and was told she should 'pee in the river like everyone else does.' A Michigan woman was arrested and charged with indecent exposure for dancing drunk on a bar that was empty of patrons and closed for the night
3:00 a.m. She was wearing underwear, fully clothed, and dancing - arguably seductively - for her husband. The only way to
possibly view the lewd action was through a small backdoor window over 75 feet away. But what if it is dark, there are no bathrooms for miles, and you
really have to go? In a true story, a Michigan man was charged with public indecency when he stopped to take a leak on the side of the highway. A park ranger arrested him for urinating in public/indecent exposure even though it was pitch dark outside and there were no bathrooms or people for miles.
Consequences of Indecent Exposure - Aggravated Indecent Exposure.Concerned that indecent exposure was only a simple 93-day misdemeanor, the state changed the law in 2005 to make Indecent Exposure in Michigan a high misdemeanor, that carries a possible penalty of up to 1 year in jail and/or a $1,000 fine. The law also criminalizes behavior that goes beyond simple exposure. Aggravated indecent exposure is a 2 year high misdemeanor, meaning you can go to jail for up to two years and/or pay a $2,000 fine. Typically these are situations where a person fondles their exposed genitals or the female breasts. Although there is no definition of "fondling," based on the very broad definition of indecent exposure, touching your exposed, forbidden private parts in public will probably suffice. Consensual sex in a public place would qualify, as would oral sex, masturbation, etcetera. Not only can a conviction for indecent exposure cost a lot of money and leave you with a criminal conviction, but it could cost you your freedom. Worse yet, you may have to disclose this conviction to potential employers, such as a daycare providers, schools, teaching jobs, or volunteer organizations, all of whom will likely decline to hire or allow you to volunteer. No One has to Witness the Naked Exposure or Aggravated Indecent Exposure.The indecent or aggravated exposure does not have to be witnessed by someone else. The crime is committed if you expose yourself, masturbate, have intercourse, etcetera, in a place where an unsuspecting person might stumble upon you. So the 'quickie' in the backseat of the car with your girlfriend/boyfriend could land you in trouble. No one has to actually witness the crime, if they could 'reasonably infer' what was going on. In one case a witness saw no actual flesh, but her testimony that she saw the defendant with his hand in his lap 'going at it like gang busters,' was sufficient for a conviction for aggravated indecent exposure. In another case, a Michigan man was at a park that had shuttered the bathrooms for the winter. He had a rather weak bladder and really had to go, but did not want to go behind a tree as there were other cars around. He could not hold it long enough to drive to the gas station, so instead he slumped down (inside his car) and neatly filled a 20 ounce pop bottle. A woman and her daughter 50-75 feet away saw the man's hand in his lap 'doing something' and called the cops. He was arrested and charged with indecent exposure despite the fact the witnesses saw nothing, his detailed explanation of his dire circumstances, and giving the now-filled 20 ounce bottle to the police. Indecent Exposure and the Michigan Sex Offender Registry Act (SORA).Multiple convictions for indecent exposure or any sexually related crime can lead to being charged as a sexually delinquent person. Being a "sexual delinquent" person is a crime itself. It is a felony that carries not only negative stigma, but serious consequences. While you are not considered a sex offender, a conviction for being a sexual delinquent person can preclude you from getting jobs teaching, daycare, or driving a bus, will involve legal fees and court costs, and may subject you to long jail or prison term. You can be required to register under the Michigan Sex Offender Registration Act if you have three convictions for simple indecent exposure, or you have two Aggravated Indecent Exposure convictions. See our Sex Offenses page for more detail. You will be required to register as a sex offender and have your name, picture, and address plastered all over the Internet. The Sex Offender Registry is for those persons convicted of a sexual offense, that the State believe pose a menace and danger to the health, safety, morals, and welfare of the citizens, particularly children. The registration requirements are onerous, tasking, and permit the state to regulate where you can live, work, attend church, and what you do, as you are a threat to the community. Gross Indecency.Michigan also criminalizes "gross indecency." These laws originate from 18th Century England, and makes consenting sexual conduct between two adults, whether in public or private, a felony. Gross indecency has historically has been used to prosecute homosexual and lesbian conduct. However, 'gross indecency' can occur between a man and woman or husband and wife. The United States Supreme Court threw out a gross indecency law in Texas, but Michigan's remain on the books. Gross indecency is a Felony with a maximum sentence of up to five years in prison and a $2,500 fine. If you were a sexually deviant person when the new crime occurs you could potentially be sentenced to LIFE IN PRISON and be placed on the Sex Offender Registry. If You are Charged with Indecent Exposure.It might seem like an indecent exposure ticket is no big deal. Ok, so you were caught flashing your tits, messing around with your girlfriend/boyfriend, or taking a leak in public. No big deal right? -- WRONG. Hopefully this page has opened your eyes to the fact that indecent exposure is not a simple crime. We have heard of actual stories where otherwise qualified applicants have been denied jobs at daycare centers, denied certification to operate a daycare center, and from driving a school bus because they had an indecent exposure conviction on their record from a situation many years earlier! An indecent exposure conviction will probably keep you from being able to volunteer at your church nursery or camp, as no one will take a chance. Contact Us! If you are charged with any type of indecent exposure such as: flashing your breasts, urinating in public, streaking, naked in public, or a similar crime, you owe it to yourself to get experienced legal advice from a knowledgeable attorney. Contact our Indecent Exposure Grand Rapids, Michigan Attorney at (616) 458-8585.
We are located on Cascade Road, just miles away from many colleges and universities in West Michigan.
Located on the corner of Cascade Rd. and Kenmoor Ave., just east of Interstate I-96, six miles from the Kent County Courthouse. Bruce Alan Block, PLC represents clients in Grand Rapids, Michigan, and West Michigan communities of Ada, East Grand Rapids, Kentwood, Cascade, Wyoming, Byron Center, Wyoming, Caledonia, Cascade, Rockford, Holland, Grand Haven, Grandville, Kent County, Ottawa County, Muskegon County, Barry County, Ionia County, Newaygo, Montcalm, and Allegan County. We represent students from Calvin College, Aquinas, Grand Valley State, Cornerstone, Grand Rapids Community College, and Michigan State University. | 
