Indecent Exposure – What You Need To Know

woman-400574_1920

The term ‘indecent exposure’ tends to conjure the image of some drunk guy, urinating in a parking lot after staggering around in search of a bathroom. Or perhaps you think about a furtive man in a public park, wearing nothing but a trench coat that he whips open as soon as some young girl walks by. But that’s only part of the story. Under Michigan law, the term Indecent Exposure is not specific to men, urination, public parks, or trench coats. And if you didn’t know that, then you’re in for a surprise!

 

Indecent Exposure, as it is defined in Michigan’s penal code, refers simply to one person “knowingly making any open or indecent exposure of his or her person or of the person of another.” In other words, intentionally revealing any part of your body that is considered to be private to another person without their consent. That’s it.

 

While the standard interpretation of Indecent exposure tends to involve men, the perpetrator could just as easily be a woman. And the body parts would refer to any part of the body that is usually kept covered in polite society. This would refer to a man’s buttocks or genitals, or a woman’s buttocks, genitals, or breasts.

 

Indecent Exposure is a misdemeanor punishable in Michigan by imprisonment for up to one year, or a maximum fine of $1,000, or both. But it doesn’t end there. Revealing oneself “indecently” to another person is one thing, but when that unsolicited peep show also includes what the law defines as “fondling”, the nature of the crime changes and so do the consequences.

 

Aggravated Indecent Exposure is defined as a person “fondling his or her genitals, pubic area, buttocks, or, if the person is female, breasts” while exposing themselves to someone else against their will. In this case, the crime is still considered to be a misdemeanor of sorts, but the punishment becomes two years in jail and fines of up to $2,000.

 

In addition another consideration should be the issue of the sex offender registry. Under Michigan law, most people convicted of sex crimes are required to register as sex offenders. This can mean fifteen or twenty five years of being considered a sex offender. Some people, depending on the severity of the crime, are on the list for life. In the case of Aggravated Indecent Exposure, it is a requirement.

 

The most important piece of information we would like you to take away from this however, is the fact that this doesn’t have to be the case. If you or a loved one have been accused of exposing yourself to someone else against their wishes, then you should have an experienced sex crime defense attorney. That means someone with decades of experience defending those accused of sex crimes.

 

Before we wrap this up however, Chuck Kronzek, one of our most sought-after felony sex crime defense attorneys, would like to remind our readers of a very important fact when it comes to what counts as indecent exposure, and what doesn’t. “A mother who is breastfeeding, or expressing breast milk in a public place, is not considered to be indecently exposing herself. She cannot be arrested or prosecuted for indecent exposure.”

 

 

 

Tagged with:
Posted in sexual offenses

CMU Student Accused of Exchanging Sexual Texts With 12 Year Old

backpack-1149544_1920

Brendan Baia, a 19-year-old former student at Central Michigan University, is facing criminal charges for allegedly exchanging sexual text messages with a 12-year-old girl. Court documents reveal that all of the alleged text exchanges took place in August of this year.

 

According to police records, the interactions were initially discovered by the girl’s mother. She contacted police when she found texts on her daughter’s phone that were sexual in nature, including nude pictures. The mother later told police that her daughter had seemed depressed lately, and that she had searched her daughter’s phone in an effort to discover why.

 

Police were able to conduct a forensic extraction of the cell phone’s data history, which included all messages sent and received. This was how they discovered the 122 Snapchats that Baia and the young girl had exchanged over the course of several weeks. Later, the young girl admitted to her mother that she had sent nude pictures of herself to Baia, and had received some from him as well. She had not, however, ever met him in person.

 

Police also say that the messages from Baia to the girl include very specific sexual references. In one of the messages he allegedly asked her when she could come to his room at Kessler Hall at Central Michigan University in Isabella County, MI. Police documents reveal that during the message exchanges the girl called Baia “daddy” and he called her “little girl.”

 

Angry, the mother texted Baia using her daughter’s Snapchat account, to tell him that she had found his messages, and that she was upset. He responded by saying that he had thought her daughter was 15, about to turn 16, and that he was “overwhelmingly regretful and sorry that you had to see your daughter have an inappropriate relationship with an adult.”

 

When the mother answered back and told him that he was lying, he answered by saying that he “can’t explain how much I regret this.” He also told her that he didn’t “want to have anything to do with anyone young anymore.” During this same conversation the mother accused Baia of preying on other girls besides her daughter. He answered back saying,  “Now I’m petrified to think about the things I thought were pleasurable before and that’s how it should be.”

 

Baia was arrested and detained in the Isabella County Jail in Mt. Pleasant, MI until he was granted bail, which he has since posted. Police executed a search warrant on Baia’s home address, seizing his cell phone and computer, along with a number of other unnamed items. Baia appeared in the Isabella County District Court for his arraignment, followed by his scheduling conference, which took place in Trial Judge Mark Duthie’s courtroom in Mount Pleasant.

 

The sex crime charges against Baia include single counts of Accosting a Minor for Immoral Purposes, Possessing Child Sexually Abusive Material, Distributing Child Sexually Abusive Material, and three counts of Use of a Computer to Commit a crime. In legal terms, ‘child sexualy abusive material’ refers to child pornography, which is also sometimes called kiddie porn. If convicted on all counts, Baia could be looking at decades behind bars and registration on Michigan’s Sex Offender Registry.

 

Attorneys at The Kronzek Firm have handled sex crimes defense for nearly a quarter of a century. We are available 24 /7 for immediate assistance by calling 1 866-766-5245. You can read more at www.SexCrimeAttorneys.com

Tagged with:
Posted in Sexting

Detroit’s Suspected ‘Serial Rapist’ Arrested in Dearborn, MI

canstockphoto11870905

Ikeie Ranordo Smith is the man police say was behind dozens of sexual assaults that took place in Wayne County, Michigan. He has been arrested and is being held, but the investigation is continuing, with allegations of 35 separate instances of home invasion and rape on record so far.

Read more ›

Tagged with:
Posted in Rape

Grand Rapids Man Accused of Trying to Purchase Children

Officer Holding Cell Phone

A 29-year-old man from Grand Rapids, Michigan is accused of trying to purchase children for the purposes of sexual assault. Police say that the assaults hadn’t happened yet when they arrested him, but he was prepared for them.

Read more ›

Tagged with:
Posted in computer crimes

Michigan Woman Awarded $500K in Revenge Porn Case

man-390339_1280

 

A Michigan woman whose identity has not been released to the public, has made headlines because of the outcome of her civil lawsuit resulting from revenge porn. Although her attorney refused to divulge her identifying information, he did say that her former boyfriend lives in Macomb County, MI and that she is happy with the way the case has been handled.

Read more ›

Tagged with:
Posted in Revenge Porn

Dearborn Police Officer Facing Sex Crime Charges

canstockphoto0451095

36-year-old Justin Smith, an officer with the Dearborn Police Department, made news headlines recently for a very family friendly reason. Officer Smith participated in Fandango’s “Christmas Movie My House” competition, covering his house with thousands of Christmas lights. He won a year of movie tickets for himself, his wife and their four children. But now he’s back in the news and this time the reason is not nearly so festive.


Read more ›

Tagged with:
Posted in Second Degree CSC

Michigan Sex Offender Rules May Not Be Retroactive

canstockphoto28814729

The 6th U.S. Circuit Court of Appeals has ruled that Michigan’s sex offender registry law cannot be retroactively applied because the new revisions stiffen the penalties for convicted offenders to the point that they could be considered unconstitutional. This ruling will change how the law is applied to thousands of convicted sex offenders in the state of Michigan.

Read more ›

Tagged with:
Posted in Michigan sex offender registry

Non-Compliance With SORA Requirements Means Trouble (Part 2)

canstockphoto1389813

In our introductory article in this series on Michigan’s Sex Offender Registration Act (SORA), we looked at some of what constitutes a violation and what happens when someone violates SORA requirements. Moving on we are going to be taking a more detailed look at exactly what it means to be a registered sex offender in Michigan.

Read more ›

Tagged with:
Posted in Michigan sex offender registry

Non-Compliance With SORA Requirements Means Trouble (Part 1)

file000834764155

29-year-old Gary Swindall was recently arraigned in the 52/3 District Court in Rochester, MI for failing to comply with Michigan’s Sex Offender Registration Act (SORA) requirements. According to court documents in Oakland County, Swindall provided the Michigan State Police with a false address in violation of SORA. When police officers arrived at the location where Swindall was supposed to be living, the homeowner told them that not only was Swindall not there, but he had never lived at that address.

Read more ›

Tagged with:
Posted in Michigan sex offender registry

Mentally Handicapped Man Sentenced to Jail For Sexual Assault

canstockphoto27367836

James G. Lyman is a 26-year-old from Sebewaing in Huron County, Michigan. He is said to have the intellect of a child. Although he is 26, his attorney says he functions at the age level of a child younger than 10. Despite his mental handicap, Lyman was still able to create a profile on the a dating website called Plenty of Fish. Online, he met women and set up dates. One of those dates ended up with Lyman overstepping his bounds and now he is headed to jail as a result.

Read more ›

Tagged with:
Posted in Second Degree CSC