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Charged With Lewdness In Michigan?
If you are facing lewdness charges, know that you are technically facing allegations of a sex crime. As a result, you’ll want to seek representation from George Law’s sex crimes lawyers team to better navigate the process of defending against your alleged lewdness offense. Our skilled criminal defense lawyers possess the experience to handle sex crimes cases like yours. Protect your rights and future—take action now!
Call us at (248) 247-7459 to schedule a confidential consultation with a skilled criminal defense lawyer. Our compassionate team of sex crime attorneys understands the stress you may be facing as you’re dealing with a lewdness charge and will guide you through the process of defending your sex crimes case. Don’t wait; time is crucial in criminal cases. Get the representation you need today by seeking client-focused representation from capable criminal defense lawyers today.
It’s important for everyone to understand the laws that govern their behaviors, especially when those laws carry potential penalties. One such law in Michigan addresses behavior that falls under the category of “lewd and lascivious.” Below, our sex crime attorney team will break down this law.
Understanding Michigan’s Lewdness Law
Michigan Penal Code Section 750.335 concerns ‘lewd and lascivious cohabitation and gross lewdness.’ This law makes it illegal for anyone, whether they are married or not, to engage in open and crude indecent behavior.
If you’re found guilty of this type of behavior in public, you could be charged with a misdemeanor. A misdemeanor might seem less serious than a felony, but it still carries consequences that can have a significant impact on your life. In Michigan, a person found guilty of this kind of behavior can face up to a year in jail, or a fine up to $1,000.
Relation To Indecent Exposure
Michigan Penal Code has specific guidelines on what constitutes indecent exposure. Simply put, the law prohibits a person from deliberately exposing themselves or another person inappropriately in public.
Penalties for this crime vary. As a standard, a person found guilty of such behavior can face a misdemeanor charge, which can result in a maximum of up to one year in jail, a $1,000 fine, or both. However, if the offender was touching their private parts or intimate areas while committing the act, the penalties become more severe, including up to two years imprisonment, a $2,000 fine, or both.
The law takes an even stricter stand for repeat offenders, particularly those classified as sexually delinquent. In such cases, the punishment can range from a minimum of one day to a life sentence.
Interestingly, the law exempts mothers nursing their children or expressing breast milk. Regardless of whether the mother’s nipple or areola is visible, this law does not fall under indecent or obscene behavior.
Michigan Lewdness Law FAQs
What Exactly Does “Lewd And Lascivious” Mean?
The terms “lewd” and “lascivious” are generally used to describe actions that are indecent, obscene, or sexually inappropriate in nature. However, the exact definition can vary and the interpretation can often depend on local customs and societal norms.
How Is “Open And Gross” Behavior Defined?
“Open and gross” typically refers to conduct that is done in a public place or in a manner that others could observe it and is extremely offensive or shocking to a reasonable person’s sense of decency.
What Is The Difference Between A Misdemeanor And A Felony?
A misdemeanor is a less serious crime than a felony. In Michigan, misdemeanors can lead to jail time of up to one year or fines, while felonies can result in longer prison sentences and larger fines.
What Happens If The Offense Is Reported After One Year?
According to this statute, no prosecution may be commenced after one year from the time the offense was committed. This means if the offense is reported after one year, the person can’t be prosecuted under this specific law.
Is This Law Applicable Only To Michigan Residents?
No, this law applies to anyone who commits the described behavior within the state of Michigan, regardless of their state of residency.
Can I Be Charged Under This Law If The Behavior Occurred In A Private Place?
The law specifically mentions “open and gross lewdness,” which typically implies a public setting. However, the interpretation may depend on specific circumstances and can also be influenced by other laws or legal precedents. It’s best to consult with a legal professional if you’re uncertain.
Defenses
Defending against a charge under this statute can depend on the specific circumstances of the case, but here are some potential defenses that could be used:
Lack Of Evidence
If there’s not enough evidence to prove beyond a reasonable doubt that the accused person engaged in open and gross lewdness, this can serve as a defense. The prosecutor has to prove all elements of the crime, and if they can’t, the defense can argue for a dismissal or acquittal.
Mistaken Identity
In some cases, the accused might not be the actual person who committed the act. In such scenarios, proving that the wrong person was accused can serve as a defense.
The Act Was Not “Open And Gross”
The defense might argue that the alleged act wasn’t “open” or “gross” as defined by the law. For example, if the act was done in a private place where others couldn’t see it, or it wasn’t of a nature that would shock a reasonable person’s sense of decency, then the defense can argue it doesn’t meet the statute’s requirements.
The Incident Occurred More Than A Year Ago
According to this law, prosecution cannot commence after one year from when the offense was committed. If the defense can prove that the alleged act took place more than a year before the charges were brought, this could serve as a defense.
Lack Of Intent
If the defendant didn’t intend to behave in a lewd and lascivious manner, they might use this as a defense. Intent is often crucial in criminal cases, and if the defendant didn’t intend to commit the act or didn’t realize their behavior was inappropriate, it could potentially be a defense. However, this can be difficult to prove and often depends on the specific circumstances of the case.
Always remember, if you’re facing charges under this statute, it’s important to consult with a reputable criminal defense attorney who can provide you with personalized legal guidance based on the specific facts of your case.
Lewdness Defense Attorney
Facing charges of lewdness in Michigan? Protect your rights and future by seeking legal representation from the seasoned criminal defense lawyers at George Law. Our dedicated sex crimes lawyer team is well-versed in Michigan’s sex-related criminal laws and possesses the experience to handle cases like yours. Don’t let these charges define your life—take action now to build a strong defense strategy.
Contact the criminal defense attorneys at George Law today at (248) 247-7459 to schedule a confidential consultation. We understand the stress and uncertainty you may be experiencing, and our compassionate criminal defense attorney team is here to guide you through the legal process. If you prefer to reach out online, visit our website to fill out our contact form. Remember, time is of the essence in criminal cases, so don’t hesitate to get the representation you need.