HOUSE BILL No. 4597

 

April 13, 2005, Introduced by Rep. Mortimer and referred to the Committee on Judiciary.

 

     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,  93 days or  by  a fine of not more than

 

$1,000.00, or  if such  both.

 


     (b) If the person was engaging in a lewd and lascivious act

 

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 is 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.