Ticketed for Sex in Public
My question involves criminal law for the state of: Michigan
My girlfriend and I were recently ticketed for a misdemeanor disorderly conduct/indecent or obscene behavior for having sex in a parked vehicle in a public park at 8:55pm on a week day. I am 22 years old and she is 20 years old. Although we did not have sexual intercourse we were partially nude. I understand how the officers could have assumed that we were.
I have tried to find information on the internet about sex in public and the legal consequences but I have not come across any incidences where individuals were ticketed but rather warned by the police officers. I am uncertain what the legal consequences are and what exactly we are to do.
What are the consequences of this crime? (e.g., sex offender registry, probation, penalties, and fines)
Is an attorney required?
The information I found on the internet is too vague or has incomplete information. I would greatly appreciate any help or comments regarding this issue.
Thank you.
Re: Ticketed for Sex in Public
This offense usually has no jail time or probation. Most likely there will be a 6 month suspended sentence and a fine of $500 or so. Good luck.
Re: Ticketed for Sex in Public
And you get a great story... hopefully, you will get it expunged or deferred so that you don't have to tell it to future employers.
Re: Ticketed for Sex in Public
I assume you're charged under this statute:
Quote:
Quoting MCL 750.167 “Disorderly person” defined; subsequent violations by person convicted of refusing or neglecting to support family.
(1)
A person is a disorderly person if the person is any of the following:
(a) A person of sufficient ability who refuses or neglects to support his or her family.
(b) A common prostitute.
(c) A window peeper.
(d) A person who engages in an illegal occupation or business.
(e) A person who is intoxicated in a public place and who is either endangering directly the safety of another person or of property or is acting in a manner that causes a public disturbance.
(f) A person who is engaged in indecent or obscene conduct in a public place.
(g) A vagrant.
(h) A person found begging in a public place.
(i) A person found loitering in a house of ill fame or prostitution or place where prostitution or lewdness is practiced, encouraged, or allowed.
(j) A person who knowingly loiters in or about a place where an illegal occupation or business is being conducted.
(k) A person who loiters in or about a police station, police headquarters building, county jail, hospital, court building, or other public building or place for the purpose of soliciting employment of legal services or the services of sureties upon criminal recognizances.
(l) A person who is found jostling or roughly crowding people unnecessarily in a public place.
(2) When a person, who has been convicted of refusing or neglecting to support his or her family under this section, is then charged with subsequent violations within a period of 2 years, that person shall be prosecuted as a second offender, or third and subsequent offender, as provided in section 168, if the family of that person is then receiving public relief or support.
Quote:
Quoting MCL 750.168 Disorderly person; penalty.
(1) Except as provided in subsection (2), a person convicted of being a disorderly person is guilty of a
misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.
(2) A person convicted of being a disorderly person under section 167d is guilty of a felony punishable as follows:
(a) Except as provided in subdivision (b), by imprisonment for not more than 2 years or a fine of not more than $5,000.00, or both.
(b) If the person was previously convicted of violating section 167d, by imprisonment for not more than 4 years or a fine of not more than $10,000.00, or both.
There will be court assessments in addition to any fine.
Your chances of getting a deferred sentence depend upon the policies of the local prosecutor. If you're in an area where this conduct is considered to be a "big problem" that the prosecutor wants to stamp out, you're in a worse position than if you were in a town where they're a bit more relaxed. Your girlfriend, assuming a clean record, should qualify for HYTA setencing to avoid a conviction; you're too old for HYTA.
I do think it would be a good idea to consult a criminal defense lawyer about how the prosecutor might approach the case, and the chances of avoiding a conviction.