Disorderly Conduct / Urinating in Public / Indecent Exposure
A momentary mistake can create a lifetime of consequences. This is often the case with Disorderly Conduct/ Urinating in Public / Indecent Exposure arrests, as they are all crimes, and all carry a possible jail sentence, fine, and court costs. You will also now have a criminal record, and may have to register as a sex offender, as discussed below, depending on the exact charge.
Urinating in Public:
The Michigan Penal Code does not identify urinating in public as a crime, and as such this crime is frequently written at the local level using local cities, villages, or townships ordinances, typically a person who is convicted of the charge of public urination can receive a fine of up to $500 and face up to 90 days in jail, will now have a criminal record, and may have to register as a sex offender (as discussed below).
What follows are several local cities, villages, or townships ordinances, concerning Indecent Exposure and Urinating in Public Charges:
Novi:
Sec. 12-72. Indecent exposure and obscene conduct. “It shall be unlawful for any person to make any unreasonable or indecent exposure of his or her person or engage in any indecent or obscene conduct in any street, alley or public or private place.”
Birmingham:
Sec. 22-178. Indecent exposure generally. “It shall be unlawful for any person to publicly expose his genitalia, pubic region or buttocks, or if female, the areola of the breast.”
St. Clair Shores:
Sec. 74-241. Indecent exposure. “It shall be unlawful for any person within the city to knowingly make any open or indecent exposure of his person or of the person of another.”
Royal Oak:
Sec. 278-35 Disorderly Conduct, Public Nudity and Indecency. A person commits the offense of disorderly conduct if he or she: … Urinates in a public place, except at public toilets.
Ferndale:
Sec. 20-3. A person is a disorderly person if the person is any of the following: A person who is engaged in indecent or obscene conduct in a public place.
Have you been arrested For Urinating in Public? We know the law and can help you understand your rights and develop defenses to charges levied against you. To retain Garmo & Kiste, PLC, call us at (248) 398-7100 for a free consultation or contact us with a private message.
Indecent Exposure:
Michigan does have a penal code concerning indecent exposure, MCL 750.335a, which states:
“A person shall not knowingly make any open or indecent exposure of his or her person or of the person of another. Violation of the section is a misdemeanor punishable by imprisonment for not more than 1 year, or a fine of not more than $1,000.00, or both. If the person was fondling his or her genitals, pubic area, buttocks, or, if the person is female, breasts, while making the open or indecent exposure, then the punishment is increased to 2 years imprisonment or a fine of not more than $2,000.00, or both. The two year misdemeanor is considered a high court misdemeanor and in the nature of a felony. If the person was at the time of the violation a sexually delinquent person, the violation is punishable by imprisonment for an indeterminate term, the minimum of which is 1 day and the maximum of which is life.
Have you been ticketed for Urinating in Public / Indecent Exposure, for questions and to retain Garmo & Kiste, PLC, call us at (248) 398-7100 for a free consultation or contact us with a private message.
Disorderly Conduct:
Disorderly conduct is a catch all for several offenses in Michigan. If you have been charged with disorderly conduct, you have engaged in one or more of the following acts of socially offensive conduct:
1) refusing or neglecting to support one’s family
2) common prostitution
3) window peeping
4) public intoxication that is endangering people, or causing a public disturbance
5) indecent or obscene conduct in a public place
6) vagrancy, public begging, loitering in a place of illegal business, including a house of ill fame or prostitution
7) jostling or roughly crowding people unnecessarily in a public place
The possible penalty for such conduct (a misdemeanor) is up to 93 days in jail and/or $500 fine
Because this offense is so common and subjectively applied, having a skilled defense attorney can be extremely helpful.
Have you been arrested for disorderly conduct? We know the law and can help you understand your rights and develop defenses to charges levied against you. To retain Garmo & Kiste, PLC, call us at (248) 398-7100 for a free consultation or contact us with a private message.
Will I have to Register as a Sex Offender?
There is a question of whether a person who has been convicted of aforementioned crimes must register on the Michigan Sex Offenders List. According to the Sex Offender Registry Act, the intent of the act was to better assist law enforcement officers and the people of this state in preventing and protecting against the commission of future criminal sexual acts by convicted sex offenders. Is someone who urinates in public a person, or another of the crimes discussed such a potential danger? This would need to be determined case by case, and as such, it is important to have the best legal representation from the beginning. For more information, or for more information call us at (248) 398-7100 for a free consultation or contact us with a private message.
The answer really depends on the conviction as persons who have been convicted any of the following offenses must register:
(i) A violation of MCL 750.145a, 750.145b, and 750.145c, referring to accosting, enticing or soliciting a child for immoral purpose.
(ii) A violation of MCL 750.158, referring to crimes against nature or sodomy involving victims less than age 18.
(iii) A violation of MCL 750.335a, if the individual was previously convicted of violating section 335a referring to indecent exposure statute referenced above.
(iv) A third or subsequent violation of any combination of: Section 167(1)(f) referring to disorderly persons; section 335a(2)(a) referring to indecent exposure; or a local ordinance of a municipality substantially corresponding to a section described.
(v) A violation of MCL 750.338, 750.338a, and 750.338b, referring to gross indecency involving victims less than age 18.
(vi) A violation of MCL 750.349, referring to kidnapping involving a victim less than age 18.
(vii) A violation of MCL 750.350, referring to taking away or enticing a victim less than age 14.
(viii) A violation of MCL 750.448, referring to prostitution involving an individual less than age 18.
(ix) A violation of MCL 750.455, referring to pandering of prostitution.
(x) A violation of MCL 750.520b, 750.520c, 750.520d, 750.520e, and 750.520g, referring to rape crimes.
(xi) Any other violation of a law of Michigan or a local ordinance of a municipality that by its nature constitutes a sexual offense against an individual who is less than 18 years of age.
(xii) An offense committed by a person who was, at the time of the offense, a sexually delinquent person as defined in MCL 750.10a.
(xiii) An attempt or conspiracy to commit an offense described in subparagraphs (i) to (xii).
(xiv) An offense substantially similar to an offense described in subparagraphs (i) to (xiii) under a law of the United States, any state, or any country or under tribal or military law.
Why hire us?
Having handled these cases in volume, typically our attorneys know the prosecutor and the judge, and can anticipate the judge’s responses, understand how the prosecutor will want to proceed, and with that knowledge can negotiate the best deal for our clients in efforts of removing as much uncertainty from the legal justice system as possible.
Remember, judges have a tremendous amount of discretion when imposing your punishment. Without us, or another competent attorney, you may say or do the wrong thing, increasing your punishment. For this reason, looking for an attorney who practices in the county where you were arrested is particularly helpful. That said, we regularly practice in the counties of Oakland, Macomb, Wayne, and Lapeer, Livingston, Washtenaw, Genesee, and St. Clair. For more information about these matters, or to retain Garmo & Kiste, PLC, call us at (248) 398-7100 for a free consultation or contact us with a private message.
