Legal Question in Criminal Law in Michigan

Masturbating in Public

I am a middle school teacher (grades 4-8) and we have a special education student (age 15) that masturbates in class. The administration says there is little they can do to punish him or stop it from happening since his behavior is a manifestation of his disability. Is there a law in Michigan against masturbating in public and, if so, doesnt the school have to uphold the law and report this as a crime?


Asked on 12/05/02, 6:34 pm

1 Answer from Attorneys
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Masturbating in Public

The student's conduct (masturbating in a classroom) could be Indecent Exposure (MCL 750.335a, which says "did knowingly make an open or indecent exposure of his person"), or could be Disorderly Conduct (MCL 750.167(1)(f), by engaging in indecent or obscene conduct in a public place). Both are misdemeanors, and require DNA sampling and testing, but they are not automatically put on a sex offender list.

The legal trouble in prosecuting this may be the question of whether his mental condition is a defense, or a bar to prosecution. He might not have the necessary "mens rea" (criminal intent) required by the statute. It's akin to not prosecuting an infant to running around outside naked. Yes, they are "exposing their person" in a public place, but it's not handled as a juvenile delinquency offense because of the child's mental state (due to his/her age).

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Answered on 12/06/02, 11:20 am


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