Comments
refadmin wrote:
Dear JayPee:
A key element of the offense of urinating in public is being in the public view. If one urinates and is not in the public view, then a prosecutor will have a hard time trying a case of urinating in public. The greater lengths one goes to stay out of the public view when urinating, the less strength the prosecutor would have to go forward with the case. Chances are when pressed, the prosecutor would dismiss the case.
A key element of the offense of urinating in public is being in the public view. If one urinates and is not in the public view, then a prosecutor will have a hard time trying a case of urinating in public. The greater lengths one goes to stay out of the public view when urinating, the less strength the prosecutor would have to go forward with the case. Chances are when pressed, the prosecutor would dismiss the case.
15/10 00:08:47
JayPee wrote:
Jenn,
I hope you still read this blog because I just happened upon it and would like to ask a question regarding UIP.
I am a student at Michigan State University and frequent the football tailgates there. Generally there are very long lines for the bathrooms and some students as a result choose to urinate on trees and other things that are not the toilets in port-a-johns. I can understand how this can be construed as UIP, but what about peeing in a milk jug, or other receptacle for that matter? What if it was inside ones car or truck? The windows blacked out? Could it be construed as UIP if one was peeing in a jug be hind a tarp hung from ones truck, hidden from public view?
Thanks,
-JayPee
I hope you still read this blog because I just happened upon it and would like to ask a question regarding UIP.
I am a student at Michigan State University and frequent the football tailgates there. Generally there are very long lines for the bathrooms and some students as a result choose to urinate on trees and other things that are not the toilets in port-a-johns. I can understand how this can be construed as UIP, but what about peeing in a milk jug, or other receptacle for that matter? What if it was inside ones car or truck? The windows blacked out? Could it be construed as UIP if one was peeing in a jug be hind a tarp hung from ones truck, hidden from public view?
Thanks,
-JayPee
14/10 22:09:52
refadmin wrote:
Dear Tim B:
If the public could see you urinate, then even though you were on your property, you are urinating in public. I recommend that to mitigate any legal ramifications, you hire an attorney.
If the public could see you urinate, then even though you were on your property, you are urinating in public. I recommend that to mitigate any legal ramifications, you hire an attorney.
14/10 11:38:35
TimB wrote:
i recently posted something on here by the name of "TimB" and i just wanted to add the details. 1. i was on my property by my garage. 2. it was 1:37 am and there are no kids or anything out at that time 3. the cop was parked right across my driveway for what reason i dont know 4. i was drinking but no breathalyzers or pbt was issued . 5. they know me first and last name. 6. they knew i was on probation. ... what should i do and what could happen
07/10 16:39:27
TimB wrote:
I recently revieved a Urination in Public ticket in St Clair Shores, Michigan. I have a pretty long record, but no indecient exposer or anything like that. The officer said he could have pulled a "red flag" and taken me to jail, but since im on 2 other city probations, he didnt. I was just wondering what the best thing i could do is?
07/10 16:09:20
refadmin wrote:
Dear Adam:
I understand that you were walking home from a bar with some friends and a cop saw you urinating in public and frisked you while asking for drugs. You had no drugs. You were not breathalyzed. You were given a ticket. If the police officer saw you urinate, you will likely be charged with urinating in public. If you have no criminal history, you should ask the prosecutor to show you some leniency by allowing you to enter a conditional plea whereby you plead guilty but this plea is not entered following a successful period of probationary compliance.
Consider hiring a well known criminal attorney who might be able to use their reputation to strike a deal for you.
I understand that you were walking home from a bar with some friends and a cop saw you urinating in public and frisked you while asking for drugs. You had no drugs. You were not breathalyzed. You were given a ticket. If the police officer saw you urinate, you will likely be charged with urinating in public. If you have no criminal history, you should ask the prosecutor to show you some leniency by allowing you to enter a conditional plea whereby you plead guilty but this plea is not entered following a successful period of probationary compliance.
Consider hiring a well known criminal attorney who might be able to use their reputation to strike a deal for you.
24/08 13:44:36
refadmin wrote:
Dear Sue:
I agree with you that the officer who ticketed your friend was unreasonable. Your friend should probably get an attorney and should request any copies of recordings. If I were representing him, I would get the recording of him saying that your friend should have gone in the river or if none, I would get the officer to admit that he would not have given the ticket had your friend gone in the water. I would argue that your friend had no option and relative to the circumstances, he was in private, not in public. I would ask for a dismissal. No doubt that officer will get his retributive karma on that lame ticket!
I agree with you that the officer who ticketed your friend was unreasonable. Your friend should probably get an attorney and should request any copies of recordings. If I were representing him, I would get the recording of him saying that your friend should have gone in the river or if none, I would get the officer to admit that he would not have given the ticket had your friend gone in the water. I would argue that your friend had no option and relative to the circumstances, he was in private, not in public. I would ask for a dismissal. No doubt that officer will get his retributive karma on that lame ticket!
19/08 12:07:17
Sue Bouwkamp wrote:
Last Saturday, our group was canoeing/kayaking down the Muskegon river in Newaygo County, Michigan. We stopped along the way in a secluded wooded area for a potty stop. Those needing to went in the woods to relieve themselves. As my friend turned around there stood two sheriffs and they cited him for urinating in public. They also gave him a breathilizer test and he blew .055. They handed him the instrument used during the test and said "here's a souvenir for you". they also asked him why he did just pee in the river? My friend told him that that was disgusting to pollute the river and there were women around that he didn't want to offend. Now he has to appear in court for a Misdemeanor: Urinating in Public. What should we do? This is just crazy! What are you supposed to do when you are out in the wild with no porta-jons or bathrooms available? Thank you for your reply.
19/08 11:52:14
Adam wrote:
Dear Jenn:
I recently got a ticket for urinating in public. I was walking home from a bar with some friends and a cop saw and frisked me while asking for drugs. I had nothing and was also not breathilized. He gave me a ticket and said he could of taken me to jail but chose not to. What is my best course of action here? I saw earlier comments stating what I will be charged with(disturbing the peace, indecent exposure, urinating in public, etc) but am not sure where to proceed from here. Thanks!
I recently got a ticket for urinating in public. I was walking home from a bar with some friends and a cop saw and frisked me while asking for drugs. I had nothing and was also not breathilized. He gave me a ticket and said he could of taken me to jail but chose not to. What is my best course of action here? I saw earlier comments stating what I will be charged with(disturbing the peace, indecent exposure, urinating in public, etc) but am not sure where to proceed from here. Thanks!
14/08 16:02:04
refadmin wrote:
Dear Jenn:
Your charges would likely be misdemeanor crimes such as indecent exposure, disturbing the peace, disorderly conduct, etc.
Your charges would likely be misdemeanor crimes such as indecent exposure, disturbing the peace, disorderly conduct, etc.
20/07 23:50:28
Jenn wrote:
Thanks, what would my charges be?
19/07 19:24:47
refadmin wrote:
Dear Jenn:
You can work with the prosecutor on this. You should start laying a foundation in advance by doing community service and attending AA procuring signatures evidencing your attendance. You can ask for a conditional plea or a plea held in abeyance which can be dismissed after successful completion of whatever requirements the prosecutor and/or a probation officer choose.
When you are ready to get your law license, as long as you have nothing further on your record, even if you are unable to finesse a deal, your offense should be excused.
You can work with the prosecutor on this. You should start laying a foundation in advance by doing community service and attending AA procuring signatures evidencing your attendance. You can ask for a conditional plea or a plea held in abeyance which can be dismissed after successful completion of whatever requirements the prosecutor and/or a probation officer choose.
When you are ready to get your law license, as long as you have nothing further on your record, even if you are unable to finesse a deal, your offense should be excused.
18/07 21:46:32
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15/10: Urinating in Public - Michigan
The Michigan Penal Code does not specifically identify urinating in public as a crime. This crime is frequently at the local level by for example, the local cities, villages, or townships. Michigan does have a statute in the penal code against indecent exposure. MCL 750.335a states:A person shall not knowingly make any open or indecent exposure of his or her person or of the person of another. Violation of the section is a misdemeanor punishable by imprisonment for not more than 1 year, or a fine of not more than $1,000.00, or both. If the person was fondling his or her genitals, pubic area, buttocks, or, if the person is female, breasts, while making the open or indecent exposure, then the punishment is increased to 2 years imprisonment or a fine of not more than $2,000.00, or both. The two year misdemeanor is considered a high court misdemeanor and in the nature of a felony. If the person was at the time of the violation a sexually delinquent person, the violation is punishable by imprisonment for an indeterminate term, the minimum of which is 1 day and the maximum of which is life.
Michigan also has a statute punishing disorderly persons, which references indecent exposure. Under MCL 750.167, a disorderly person is 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. A disorderly person is also one that is engaged in indecent or obscene conduct in a public place. Either one of these could arguably apply to someone who urinates in public.
On the local level in Meridian Township, Michigan, the Charter Township of Meridian Code Sec. 50-111 address public nudity and indecency. The section makes it a crime to knowingly or intentionally in a public place engage in sexual intercourse; engage in deviate sexual conduct; or fondle the person's genitals or the genitals of another person. It also makes it a crime to commit an act of public nudity and for any person owning or controlling a public place to knowingly or intentionally allow any person in such place to violate this law. In this section, "deviate sexual conduct" means an act involving: a sex organ of one person and the mouth or anus of another person; or the penetration of the sex organ or anus of a person by an object. The term "public nudity" means knowingly or intentionally displaying in a public place, or for payment or promise of payment by any person including, but not limited to, payment or promise of payment of an admission fee, any individual's genitals or anus with less than a fully opaque covering, or a female individual's breast with less than a fully opaque covering of the nipple and areola. The law excludes a woman's breastfeeding of a baby whether or not the nipple or areola is exposed during or incidental to the feeding.
The Charter Township of Meridian Code Sec. 50-112 addresses spitting, urinating, and defecating specifically. It states that it shall be unlawful for any person to knowingly or recklessly spit, urinate, or defecate in any public place or on private premises without the consent of the owner or his tenant, agent, or employee, except where an approved sanitary facility is provided. An argument to make in defense of this crime is disability as where the person, due to a disability, violated this law because of necessity. One can argue an undersized bladder or kidney problems for example. An affidavit of a physician assist in proving this defense.
There is a question of whether a person who has been convicted of urinating in public must register on the Michigan Sex Offenders List. According to the Sex Offender Registry Act, the intent of the act was to better assist law enforcement officers and the people of this state in preventing and protecting against the commission of future criminal sexual acts by convicted sex offenders. A person who has been convicted of committing an offense covered by the is considered to pose a potential serious menace and danger to the health, safety, morals, and welfare of the people, and particularly the children, of Michigan. The registration requirements of this act are intended to provide law enforcement and the people of this state with an appropriate, comprehensive, and effective means to monitor those persons who pose such a potential danger.
Is someone who urinates in public a person who poses such a potential danger? The answer depends on the conviction as persons who have been convicted of a the following offenses must register:
(i) A violation of MCL 750.145a, 750.145b, and 750.145c, referring to accosting, enticing or soliciting a child for immoral purpose.
(ii) A violation of MCL 750.158, referring to crimes against nature or sodomy involving victims less than age 18.
(iii) A violation of MCL 750.335a, if the individual was previously convicted of violating section 335a referring to indecent exposure statute referenced above.
(iv) A third or subsequent violation of any combination of: Section 167(1)(f) referring to disorderly persons; section 335a(2)(a) referring to indecent exposure; or a local ordinance of a municipality substantially corresponding to a section described.
(v) A violation of MCL 750.338, 750.338a, and 750.338b, referring to gross indecency involving victims less than age 18.
(vi) A violation of MCL 750.349, referring to kidnapping involving a victim less than age 18.
(vii) A violation of MCL 750.350, referring to taking away or enticing a victim less than age 14.
(viii) A violation of MCL 750.448, referring to prostitution involving an individual less than age 18.
(ix) A violation of MCL 750.455, referring to pandering of prostitution.
(x) A violation of MCL 750.520b, 750.520c, 750.520d, 750.520e, and 750.520g, referring to rape crimes.
(xi) Any other violation of a law of Michigan or a local ordinance of a municipality that by its nature constitutes a sexual offense against an individual who is less than 18 years of age.
(xii) An offense committed by a person who was, at the time of the offense, a sexually delinquent person as defined in MCL 750.10a.
(xiii) An attempt or conspiracy to commit an offense described in subparagraphs (i) to (xii).
(xiv) An offense substantially similar to an offense described in subparagraphs (i) to (xiii) under a law of the United States, any state, or any country or under tribal or military law.
In Michigan, if the individual is convicted of a violation of the Charter Township of Meridian Code Sec. 50-112 addressing spitting, urinating, and defecating for example, since the conviction is not one that is identified herein-above, he will not have to register on the sex offender register. Persons charged with urinating in public should negotiate with prosecutors to charge them under laws that do not fit under the guise of the sex offender registry.