Mich. Comp. Laws » Michigan Compiled Laws / Chapter 750 / Act 328 of 1931
Michigan Compiled Laws

Mich. Comp. Laws § 750.335a (2026)

Indecent exposure; violation; penalty; mother's breastfeeding or expressing milk exempt.

✓ current as of July 2026
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THE MICHIGAN PENAL CODE


Act 328 of 1931


750.335a Indecent exposure; violation; penalty; mother's breastfeeding or expressing milk exempt.

Sec. 335a.

    (1) A person shall not knowingly make any open or indecent exposure of his or her person or of the person of another.

    (2) A person who violates subsection (1) is guilty of a crime, as follows:

    (a) Except as provided in subdivision (b) or (c), the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year, or a fine of not more than $1,000.00, or both.

    (b) If the person was fondling his or her genitals, pubic area, buttocks, or, if the person is female, breasts, while violating subsection (1), the person is guilty of a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.

    (c) 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.

    (3) A mother's breastfeeding of a child or expressing breast milk does not constitute indecent or obscene conduct under subsection (1) regardless of whether or not her areola or nipple is visible during or incidental to the breastfeeding or expressing of breast milk.

History: Add. 1952, Act 73, Eff. Sept. 18, 1952 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003 ;-- Am. 2005, Act 300, Eff. Feb. 1, 2006 ;-- Am. 2014, Act 198, Imd. Eff. June 24, 2014

Notes of Decisions
Cited in 147 cases (35 in the last 5 years), 1958–2026 · leading case: People of Michigan v. Lonnie James Arnold, 918 N.W.2d 164 (Mich. 2018).
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People of Michigan v. Lonnie James Arnold, 918 N.W.2d 164 (Mich. 2018). · cites it 33× “[ MCL 750.335a.] Thus, indecent exposure is a one-year misdemeanor, with aggravated circumstances making it a two-year **449 "misdemeanor," 6 but when committed by a "sexually delinquent person," the offense "is punishable by imprisonment for an indeterminate term, the minimum…”
People v. Watkins; People v. Pullen, 818 N.W.2d 296 (Mich. 2012). · cites it 13× “94 MCL 750.335a provides: 41 Registration Act (SORA), MCL 28.”
People v. Buehler, 727 N.W.2d 127 (Mich. 2007). · cites it 26× “The prosecutor moved for resentencing, arguing that, under MCL 750.335a, [5] the court must sentence defendant to the indeterminate sentence of one day to life.”
People v. Smith, 772 N.W.2d 428 (Mich. Ct. App. 2009). · cites it 24× “722, states: (e) “Listed offense” means any of the following: (Hi) A violation of section 335a(2)(b) of the Michigan penal code, 1931 PA 328 , MCL 750.335a, if that individual was previously convicted of violating section 335a of that act.”
People v. Campbell, 894 N.W.2d 72 (Mich. Ct. App. 2016). · cites it 17× “MCL 750.335a; MCL 750.10a. The trial court sentenced Campbell as a fourth-offense habitual offender, MCL 769.”
People v. Breidenbach, 798 N.W.2d 738 (Mich. 2011). · cites it 8× “Defendant was charged with “indecent exposure as a sexually delinquent person”2 in the Genesee Circuit Court and tried before 2 MCL 750.335a (indecent exposure); MCL 767.”
In Re Certified Question, 359 N.W.2d 513 (Mich. 1984). · cites it 21× “2, a federal district court has asked this Court the question: "In light of claims raised in federal court that MCL 750.335a [MSA 28.567(1)] is unconstitutionally vague and overbroad, how should the words `open and indecent exposure,' as used in that statute, be defined?" [1]…”
People v. Huffman, 702 N.W.2d 621 (Mich. Ct. App. 2005). · cites it 11× “Defendant was arrested and charged with a violation of MCL 750.335a, Michigan’s “open or indecent exposure” statute.”
People v. Buehler, 710 N.W.2d 55 (Mich. Ct. App. 2006). · cites it 23× “The prosecution appeals, as on leave granted after remand from our Supreme Court, defendant’s sentence of three years’ probation for his conviction of indecent exposure as a sexually delinquent person, MCL 750.335a and 750.10a. We affirm. This appeal is being decided without…”
People v. Bosca, 871 N.W.2d 307 (Mich. Ct. App. 2015). · cites it 3× “167(l)(f); indecent exposure, MCL 750.335a; procuring or inducing a person to engage in prostitution, MCL 750.”
People v. Williams, 664 N.W.2d 811 (Mich. Ct. App. 2003). · cites it 11× “5 Williams appealed this decision to the circuit court, arguing that all the cases interpreting MCL 750.335a indicated that there must be an open exposure, and noting that in no case has a person been found guilty of indecent exposure in his or her own home.”
People v. Franklin, 828 N.W.2d 61 (Mich. Ct. App. 2012). · cites it 6× “335a indicates that an individual is guilty of indecent exposure if the person “knowingly make[s] any open or indecent exposure of his or her person or of the person of another,” whereas aggravated indecent exposure requires additional proof that the person “was fondling his or…”
Show all 147 citing cases →
— Mich. Comp. Laws § 750.335a(1) — 10 cases
20231130_C363867_36_363867.Opn.Pdf (Mich. Ct. App. 2023).
People of Michigan v. Timothy Eugene Hubel (Mich. Ct. App. 2016).
People of Michigan v. Jerome Romey Sueing (Mich. Ct. App. 2017).
People of Michigan v. Jerome Romey Sueing (Mich. Ct. App. 2017).
People of Michigan v. Gerald Gordon Rouse (Mich. Ct. App. 2017).
— Mich. Comp. Laws § 750.335a(2) — 3 cases
People of Michigan v. Lonnie James Arnold (Mich. Ct. App. 2019).
People of Michigan v. Lonnie James Arnold (Mich. 2021).
People of Michigan v. Lonnie James Arnold (Mich. 2021).
— Mich. Comp. Laws § 750.335a(2)(a) — 10 cases
People v. Smith, 772 N.W.2d 428 (Mich. Ct. App. 2009). “722, states: (e) “Listed offense” means any of the following: (Hi) A violation of section 335a(2)(b) of the Michigan penal code, 1931 PA 328 , MCL 750.335a, if that individual was previously convicted of violating section 335a of that act.”
People of Michigan v. Lonnie James Arnold (Mich. 2021).
People of Michigan v. Lonnie James Arnold (Mich. 2021).
People of Michigan v. Ramon Caldwell Jr (Mich. Ct. App. 2017).
People of Michigan v. Douglas Henry Thoms (Mich. Ct. App. 2025).
— Mich. Comp. Laws § 750.335a(2)(b) — 54 cases
People v. Watkins; People v. Pullen, 818 N.W.2d 296 (Mich. 2012). “94 MCL 750.335a provides: 41 Registration Act (SORA), MCL 28.”
People v. Smith, 772 N.W.2d 428 (Mich. Ct. App. 2009). “722, states: (e) “Listed offense” means any of the following: (Hi) A violation of section 335a(2)(b) of the Michigan penal code, 1931 PA 328 , MCL 750.335a, if that individual was previously convicted of violating section 335a of that act.”
People of Michigan v. Lonnie James Arnold, 918 N.W.2d 164 (Mich. 2018). “[ MCL 750.335a.] Thus, indecent exposure is a one-year misdemeanor, with aggravated circumstances making it a two-year **449 "misdemeanor," 6 but when committed by a "sexually delinquent person," the offense "is punishable by imprisonment for an indeterminate term, the minimum…”
People v. Franklin, 828 N.W.2d 61 (Mich. Ct. App. 2012). “335a indicates that an individual is guilty of indecent exposure if the person “knowingly make[s] any open or indecent exposure of his or her person or of the person of another,” whereas aggravated indecent exposure requires additional proof that the person “was fondling his or…”
People of Michigan v. Lonnie James Arnold (Mich. 2021).
— Mich. Comp. Laws § 750.335a(2)(c) — 30 cases
People of Michigan v. Lonnie James Arnold, 918 N.W.2d 164 (Mich. 2018). “[ MCL 750.335a.] Thus, indecent exposure is a one-year misdemeanor, with aggravated circumstances making it a two-year **449 "misdemeanor," 6 but when committed by a "sexually delinquent person," the offense "is punishable by imprisonment for an indeterminate term, the minimum…”
People v. Campbell, 894 N.W.2d 72 (Mich. Ct. App. 2016). “MCL 750.335a; MCL 750.10a. The trial court sentenced Campbell as a fourth-offense habitual offender, MCL 769.”
People v. Breidenbach, 798 N.W.2d 738 (Mich. 2011). “Defendant was charged with “indecent exposure as a sexually delinquent person”2 in the Genesee Circuit Court and tried before 2 MCL 750.335a (indecent exposure); MCL 767.”
People v. Franklin, 828 N.W.2d 61 (Mich. Ct. App. 2012). “335a indicates that an individual is guilty of indecent exposure if the person “knowingly make[s] any open or indecent exposure of his or her person or of the person of another,” whereas aggravated indecent exposure requires additional proof that the person “was fondling his or…”
People of Michigan v. Lonnie James Arnold (Mich. 2021).
— Mich. Comp. Laws § 750.335a(2)(e) — 1 case
People v. Campbell, 894 N.W.2d 72 (Mich. Ct. App. 2016). “MCL 750.335a; MCL 750.10a. The trial court sentenced Campbell as a fourth-offense habitual offender, MCL 769.”
— Mich. Comp. Laws § 750.335a(l) — 1 case
People v. Franklin, 828 N.W.2d 61 (Mich. Ct. App. 2012). “335a indicates that an individual is guilty of indecent exposure if the person “knowingly make[s] any open or indecent exposure of his or her person or of the person of another,” whereas aggravated indecent exposure requires additional proof that the person “was fondling his or…”
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