Indecent Exposure in Michigan: The Bare Facts, by Defense Lawyer 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

At one end of the spectrum are the primitive tribal people groups, at the other end is modern man. The more 'civilized' a person becomes (whatever that means), the greater effort they take to hide their naked body from others. Standards of what is 'decent' and thus 'indecent' varies greatly. Humans have progressed from living in a state of complete nakedness up and through the silly layers of clothing and attire worn during the 1700's by kings and royalty.

Ancient womens' clothing changed over time, but the female breasts were often uncovered, especially in the lower classes. The breasts were often painted and exposed in ancient Egypt. Greek women are shown in one mural wearing a tunic garment that exposed a breast. Athletes in the 720 B.C. Athens, Greece Olympics competed in the nude; although female spectators were not allowed. The Greek word 'gymnasium' literally means a place to train in the nude.

Indigenous groups in North America, South America, Africa, the Pacific Islands and other less traveled areas (less civilized) have little or no need for clothing to protect themselves from the elements. For thousands of years, women in these areas, including many native American Indians, ran around bare-breasted with perhaps a grass skirt – or not – and thought little of it. In some remote tribes yet today, men and women work and live together 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 designated beaches in Florida and California, it remains indecent (and thus illegal) for a woman to go topless or 'top free' in most of the United States. 

Likewise, it is prohibited that a man or woman to show their genitals or pubic area in public (unless of course they are on a nude beach or at a private club).

There are parts of the United States where women have filed lawsuits claiming they are being treated differently then men and thus discriminated against. Most of these lawsuits have been won by the women who filed them In Ohio, Washington D.C., Key West, New York, Portland Oregon, New Orleans and other cities where legal action was brought, a woman can - in theory anyway – walk around in public with bared breasts. There is a catch however: if the sight of a topless woman causes a traffic backup or a public disturbance (such as gawkers), the woman can be asked to cover up or leave the area, based not on the fact that she is female, but rather because her bare breasts are causing a public disturbance and disturbing the peace. 

Even in these cities, it is probably not a wise choice for a woman to drive, stroll down the sidewalk or ride the subway with bared breasts. Some beaches may tolerate it, but most of the Americas will not accept the sight of a bare breasts, except at a designated beach or park (check your local laws). In 1992, a New York Appeals Court ruled that the state's criminal indecent exposure laws did not ban a woman from exposing her breasts in public, so long as the exposure was not done for commercial reasons.

Much of the European world commonly allows topless women or full nudity at designated beaches and parks. In contrast, most Muslim countries require that women cover their arms, legs, and heads; in some places they must even cover their face with a burqa (a head-to-toe covering with a small window for the eyes). Moslem teachings provide that modesty is an important virtue and insufficient dress is forbidden. England and Canada allow women to be topless in public, although most women chose not to do so.

We recently heard an amusing story. A Canadian woman was tired of listening to her neighbors’ 5-year-old grandson drive a loud ATV vehicle up and down the otherwise quiet street, and decided to handle with the problem in her own unique way. Each time the child drove the ATV down the street, the woman went outside into her front yeard with bare breasts. Apparently, the horrified grandparents quickly yanked the boy inside so he would not see the bared mammaries.

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 of decency vary dramatically.

One community in Florida tried to scientifically determine how much of the female breast could be shown and yet remain 'decent.' The ordinance allows 3/4 of the female breast to be shown - sans nipple or areola (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. Honest! We did not make this up - Public Nudity Ordinance.

Interestingly, in England it is considered “indecent,” if a man exposes his genitals with the intent to 'cause alarm or distress.' The law only applies to men, as English lawmakers apparently recognized the fact that 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. Also interesting, is that 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.” Until 1958, it was illegal in Michigan for a male to be naked around a female, even if the exposure occurred at a private, secluded nudist resort.

While mooning or flashing your boobs at friends may be amusing, Michigan law considers such an exposure indecent. Michigan has specific laws that forbid the public showing of the male or female genitals, buttocks, and female breasts.

 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 likely consider a 'plumber's crack' to be indecent, although we are not aware of anyone being arrested and prosecuted for this heinous crime.

Going topless at Holland Beach or Grand Haven State Park is a surefire way to get charged with indecent exposure. We are not aware of any public beaches in Michigan that allow women or men to suntan topless or au natural, aside from a few clothing optional clubs. No doubt there are remote places where this occurs and is ignored if there are no complaints.

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 notable 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."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. You may have 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!

Of course, 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.

Aggravated Indecent Exposure.

Michigan law also criminalizes naked or indecent behavior that goes beyond simple exposure of specified body parts. Aggravated Indecent Exposure encompasses exposure where a person fondles their genitals (including the female breasts/nipples) or has sexual contact. Although there is no definition of 'fondling,' based on the very broad definition of 'indecent exposure,' we are sure that repeatedly massaging or touching private parts in public would likely suffice. Some examples would include: consensual sex, oral sex, masturbation, and most sexual conduct if it occurs in an area where an innocent person might stumble upon the couple in flagrante delicto.

Penalties for Indecent Exposure and 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 1-year high misdemeanor, that carries a possible penalty of up to 1 year in jail and/or a $1,000 fine.

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

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.

You you don’t have to be 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.
• 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., allegedly unaware he could be seen from outside — although this was disputed. A 'helpful' neighbor called the police and the man was convicted.
• A Michigan woman was arrested for indecent exposure for sunbathing in a bikini in her front yard (of course her neighbors complained that the bikini 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 wrote her up for indecent exposure. She protested and was told she should 'pee in the river like everyone else does.'
• A woman was arrested and charged with indecent exposure for dancing drunk on a bar that was empty of patrons and closed for the night. 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 and there were no bathrooms or people for miles.

No One has to Witness the Indecent 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. He could not hold it enough to drive to the gas station, so instead he slumped down inside the car and neatly filled a 20 ounce pop bottle. A woman and her daughter about 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 demonstrating 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.

Under prior Sex Offender laws, you were required to register under the Michigan Sex Offender Registration Act if you had three convictions for simple indecent exposure, or two indecent exposures plus an an Aggravated Indecent Exposure conviction. 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 kept 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 want to 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.

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Bruce Alan Block, PLC

Attorney and Counselor at Law
4251 Cascade Road SE, Grand Rapids, Michigan 49546
Phone: (616) 458-8585

Serving Clients throughout Western Michigan, in Grand Rapids, Ada, East Grand Rapids, Kentwood, Cascade, Wyoming, Byron Center, Wyoming, Caledonia, Cascade, Rockford, Holland, Grand Haven, Grandville, Kent, Barry, Ottawa, Muskegon and Ionia County. We represent college students from Calvin College, Aquinas, Grand Valley State University, Cornerstone College, Grand Rapids Community College, Michigan State University, and Western Michigan University.