(dissenting). While I recognize that the state has valid authority to "stem the tide of commercialized obscenity”, Paris Adult Theatre I v Slaton, 413 US 49, 57-58; 93 S Ct 2628; 37 L Ed 2d 446 (1973), I must agree with the trial court that the indecent exposure statute is unconstitutional on its face. MCL 750.335a; MSA 28.567(1).
The majority may be correct in stating that the statute can properly be applied to a substantial number of situations, but it does not automatically follow that there is no substantial overbreadth. *446Broadrick v Oklahoma, 413 US 601, 610-616; 93 S Ct 2908; 37 L Ed 2d 830 (1973). For example, the statute could arguably be applied to conduct between a husband and wife, although such conduct is constitutionally protected. Griswold v Connecticut, 381 US 479; 85 S Ct 1678; 14 L Ed 2d 510 (1965).
Our Supreme Court has defined the statutory offense in issue as follows, "[t]he well settled and generally known significance of the phrase 'indecent and obscene exposure of the person’ is the exhibition of those private parts of the person which instinctive modesty, human decency or natural self-respect requires shall be customarily kept covered in the presence of others”. People v Kratz, 230 Mich 334, 337; 203 NW2d 114 (1925). The Kratz opinion employs the "common sense of the community” approach as being sufficient to define the proscribed statutory conduct. But this type of approach was specifically rejected by Justice Levin with regard to the analogous offense of gross indecency, MCL 750.338; MSA 28.570, in People v Howell, 396 Mich 16, 22-24; 238 NW2d 148 (1976). Moreover, the Supreme Court has apparently taken contradictory stances regarding what is, and what is not, a violation of the statute, e.g., compare People v Ring, 267 Mich 657; 255 NW 373 (1934), with People v Hildabridle, 353 Mich 562; 92 NW2d 6 (1958). Until a clarification similar to the one offered in People v Howell, supra, 22-24, is made by our Supreme Court, I must dissent. See also Anno: Topless or bottomless dancing or similar conduct as offense, 49 ALR3d 1084.