HB-4597, As Passed House, May 26, 2005

SUBSTITUTE FOR

HOUSE BILL NO. 4597

     A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

by amending section 335a (MCL 750.335a), as amended by 2002 PA 672.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 335a. (1)  Any  A person  who 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  by a fine of not more than $1,000.00, or  if

such  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  said offense

violation a sexually delinquent person,  may be  the violation is

punishable by imprisonment for an indeterminate term, the minimum

of which  shall be  is 1 day and the maximum of which  shall be  is

life.  : Provided, That any other provision of any other statute

notwithstanding, said offense shall be triable only in a court of

record.

     Enacting section 1.  This amendatory act takes effect

September 1, 2005.