Public Urination vs. Indecent Exposure: What’s the Difference?

Most people don’t think twice about ducking behind a tree or building at a crowded festival or during a night out when nature calls—especially if restroom access is limited. But in Michigan, these acts may be charged under two statutes, depending on the circumstances: public urination (typically under a local ordinance) and indecent exposure (a state crime under MCL 750.335a).

Public Urination

Public urination is often prosecuted under city or township ordinances, especially in college towns or entertainment districts. These local laws criminalize urinating in public view and usually result in a misdemeanor charge. However, the definition of “public” is broad—it can include alleys, behind buildings, or even your own front yard if it's in view of the public.

Indecent Exposure

Indecent exposure is more serious. Per MCL 750.335a, a person who exposes their genitals in a public place, or in view of the public, can be charged with a misdemeanor punishable by up to 1 year in jail and/or a fine of up to $1,000.

But here's the kicker: under certain conditions, indecent exposure can be considered a felony. If the exposure is considered “aggravated” (such as touching oneself during exposure), it can lead to a felony punishable by up to 2 years in prison and required registration as a sex offender under Michigan's Sex Offender Registration Act (SORA).

Why These Charges Spike in May

From graduation parties to Tigers games and summer festivals like Electric Forest or Movement in Detroit, the warmer months bring out the crowds—and more opportunities for arrests. Alcohol is often a common denominator in these cases. People are out having fun, restrooms are scarce or lines are too long, and suddenly you're behind a dumpster with the police cruiser pulling up.

May marks the unofficial start of Michigan’s outdoor event season, and that’s why we see the largest increase in public urination and indecent exposure charges right around Memorial Day weekend and into June, July, and August.

The Legal Consequences You May Be Facing

Many people are surprised to learn just how serious these charges can be. A momentary mistake, often under the influence and without malicious intent, could leave you with a criminal record—and in some cases, lifelong consequences.

Penalties for Public Urination under Local Ordinance

• Usually charged as a misdemeanor
• Up to 93 days in jail
• Fines ($100 to $500 is common)
• Community service or probation
• Possibly a public record of a conviction

Penalties for Indecent Exposure (MCL 750.335a)

• Up to 1 year in jail and/or $1,000 fine (misdemeanor)
• Up to 2 years in prison if the conduct was aggravated (felony)
• Sex offender registration obligation for aggravated charges

Collateral Consequences

A conviction could mean:

• A permanent criminal record (which can be discovered in job background checks)
• Difficulty renting housing or attending school
• Immigration consequences for non-citizens
• Reputational damage, especially in small communities

How to Fight These Charges

The good news? These charges can often be challenged, reduced, or even dismissed with the right legal defense. Here are some strategies we have used to defend our clients in public urination and indecent exposure cases throughout Michigan:

Lack of Intent

Indecent exposure charges require proof that you willfully exposed yourself. If your act was accidental or lacked intent to shock or arouse, it may not meet the legal threshold for a conviction.

Location Matters

If you were on private property or out of sight from the public—even if outdoors—it may not qualify under the public element of the law. Many times, the issue comes down to the officer’s perception versus the reality of the circumstances. Surveillance videos or witness testimony can help.

No Witnesses or Flawed Evidence

In public urination cases, the prosecution often relies solely on the officer’s observation. If there were no other witnesses and physical evidence is lacking, the charge can be negotiated down or challenged.

Dismissals Under Plea Agreements or Deferral

In many first-time offender cases, we are able to negotiate deferral programs—where the charge is dismissed after probation—or a straight plea to a non-public offense so the event never shows up on your record. The goal is to protect your name, your record, and your future.

Real Case Example from Our Office

One of our clients was attending a summer music festival in Northern Michigan when he attempted to relieve himself behind a tent after discovering a 45-minute line for the portable toilets. He was spotted by an officer and cited. The prosecutor initially charged him with indecent exposure. Our team fought the charge by demonstrating it was non-sexual in nature, there were no minors present, and there was no malicious intent. We were able to negotiate a plea to a city ordinance that resulted in a small fine—and no criminal record.

When to Hire a Criminal Defense Attorney

If you’ve been charged with public urination, indecent exposure, or both, don’t assume you can walk into court and talk your way out of it. These cases often involve legal nuances, and the consequences of mishandling your defense are long-lasting. You only get one first impression with the judge and prosecutor, so make it count.

Whether this happened at Comerica Park, Belle Isle, or at a campsite up north, the right legal representation can make a world of difference. We’ve represented hundreds of clients across Michigan in cases just like yours—including Plymouth, Ann Arbor, Lansing, and Grand Rapids—and helped save their futures.

Call (734) 453-7806 or reach out to criminal defense lawyer Aaron J. Boria to set up a free consultation. We’ll review your case and give you honest, strategic advice about where you stand and how to fight back.

Can These Charges Be Removed from Your Record?

In many cases, they can. Michigan's Clean Slate law allows for expungement of certain misdemeanors and felonies if the defendant qualifies. If your case resulted in a conviction, there may be a waiting period (typically 3 years for most misdemeanors) before you can apply to have it removed from your criminal history.

We’ve helped people clean up their records and move forward with job applications, security clearances, and professional licenses.

How to Avoid These Charges This Summer

This might sound obvious, but our best advice is to plan ahead.

• Know where restrooms are at festivals and parks
• Try not to overconsume alcohol in unfamiliar places
• Leave extra time before heading back to your car or tent
• Understand local laws where you party, camp, or tailgate

Local police departments are familiar with high-risk weekends and events. Extra patrols are often deployed in anticipation of violations like public urination, disorderly conduct, and open intoxication.

Conclusion

Nobody expects that a quick bathroom break behind a bush—or circumstances totally out of your control—could land you with a misdemeanor or even a felony. But in Michigan, these things happen more often than most people think, especially during the summer months.

If you’ve been charged with public urination or indecent exposure, reach out to a respected Michigan criminal defense attorney as soon as possible. These cases can frequently be resolved in your favor, but only with clear strategy and advocacy in your corner.

Criminal defense isn’t just our job—it’s what we do every day, and we’re proud to fight for our clients when they need us most.

Call (734) 453-7806 to schedule a free consultation with criminal defense attorney Aaron J. Boria, and take the first step toward protecting your record and your future.