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Michigan Urinating in Public - Indecent Exposure, Disorderly Persons

I talk to a lot of clients who are charged with an MIP or Open Intox, and also get charged with urinating in public.   I also get a lot of clients who are only charged with urinating in public, which in Michigan is a misdemeanor offense.  The crime of urinating in public can be written up in many different ways.  It may fall under state law, as "indecent exposure" which is considered a sex crime under certain circumstances.  It can also be charged as a disorderly person offense, which is quite board, but includes the language of  "a disorderly person is also one that is engaged in indecent or obscene conduct in a public place.  See the two examples below. 

• Indecent Exposure:  The State of Michigan has a statute against “indecent exposure”.  MCL 750.335a states that a person shall not knowingly make any open or indecent exposure of his or her person or of the person of another.  There is a 1 year / $1000 misdemeanor and a high court (treated in the nature of a felony) 2 year / $2000 misdemeanor.  A sexually delinquent person can be punished for an indeterminate term, the minimum of which is 1 day and the maximum of which is life.

• Disorderly Persons:  Michigan also has a statute punishing disorderly persons, which references indecent exposure.  Under MCL 750.167, a disorderly person is a person who is intoxicated in a public place and who is either endangering directly the safety of another person or of property or is acting in a manner that causes a public disturbance.  A disorderly person is also one that is engaged in indecent or obscene conduct in a public place.  Either one of these could apply to someone who urinates in public.

The offense of urinating in public can also be written up under a local ordinance such as City of Ann Arbor, City of Novi or City of East Lansing.  These cities, particuarly Ann Arbor and East Lansing tend to issues these late a night in a college town setting as many college age kids are walking home from bars and peeing outside in public.  These are also misdemeanors, but are not considered indecent exposure as a possible sex crime.  This offense unlike an MIP cannot be taken under any "first offender" type of option, but I have been very successful in having these types of charges dismissed, because my client was willing to begin my proactive program and demonstrate they are a good natured person who simply did a dumb thing.  Self-imposed sanctions ahead of time can generally have this matter dismissed, but it is not as easy as you may think. 

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