|
|
Sindi asked in another item if sex between single people is legal in the state of Michigan. Here are the codes that I'm aware of, but I am not a lawyer, and there may be other codes. Brief answer: No, not generally. 750.335 Lewd and lascivious cohabitation and gross lewdness. [M.S.A. 28.567 ] Sec. 335. Any man or woman, not being married to each other, who shall lewdly and lasciviously associate and cohabit together, and any man or woman, married or unmarried, who shall be guilty of open and gross lewdness and lascivious behavior, shall be guilty of a misdemeanor, punishable by imprisonment in the county jail not more than 1 year, or by fine of not more than $500.00. No prosecution shall be commenced under this section after 1 year from the time of committing the offense. 750.338b Gross indecency; between male and female persons. [M.S.A. 28.570(2) ] Sec. 338b. Any male person who, in public or in private, commits or is a party to the commission of any act of gross indecency with a female person shall be guilty of a felony, punishable as provided in this section. Any female person who, in public or in private, commits or is a party to the commission of any act of gross indecency with a male person shall be guilty of a felony punishable as provided in this section. Any person who procures or attempts to procure the commission of any act of gross indecency by and between any male person and any female person shall be guilty of a felony punishable as provided in this section. Any person convicted of a felony as provided in this section shall be punished by imprisonment in the state prison for not more than 5 years, or by a fine of not more than $2,500.00, or if such person was at the time of the said offense a sexually delinquent person, may be punishable by imprisonment in the state prison for an indeterminate term, the minimum of which shall be 1 day and the maximum of which shall be life. 750.158 Crime against nature or sodomy; penalty. [M.S.A. 28.355 ] Sec. 158. Any person who shall commit the abominable and detestable crime against nature either with mankind or with any animal shall be guilty of a felony, punishable by imprisonment in the state prison not more than 15 years, or if such person was at the time of the said offense a sexually delinquent person, may be punishable by imprisonment in the state prison for an indeterminate term, the minimum of which shall be 1 day and the maximum of which shall be life. Incidentally, the same code includes the implied Age of Consent of 16: 750.520e Criminal sexual conduct in the fourth degree; misdemeanor. Sec. 520e. (1) A person is guilty of criminal sexual conduct in the fourth degree if he or she engages in sexual contact with another person and if any of the following circumstances exist: (a) That other person is at least 13 years of age but less than 16 years of age, and the actor is 5 or more years older than that other person. (b) Force or coercion is used to accomplish the sexual contact. Force or coercion includes, but is not limited to, any of the following circumstances: (i) When the actor overcomes the victim through the actual application of physical force or physical violence. (ii) When the actor coerces the victim to submit by threatening to use force or violence on the victim, and the victim believes that the actor has the present ability to execute that threat. (iii) When the actor coerces the victim to submit by threatening to retaliate in the future against the victim, or any other person, and the victim believes that the actor has the ability to execute that threat. As used in this subparagraph, to retaliate includes threats of physical punishment, kidnapping, or extortion. (iv) When the actor engages in the medical treatment or examination of the victim in a manner or for purposes which are medically recognized as unethical or unacceptable. (v) When the actor achieves the sexual contact through concealment or by the element of surprise. (c) The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless. (d) That other person is related to the actor by blood or affinity to the third degree and the sexual contact occurs under circumstances not otherwise prohibited by this chapter. It is an affirmative defense to a prosecution under this subdivision that the other person was in a position of authority over the defendant and used this authority to coerce the defendant to violate this subdivision. The defendant has the burden of proving this defense by a preponderance of the evidence. This subdivision does not apply if both persons are lawfully married to each other at the time of the alleged violation. (e) The actor is a mental health professional and the sexual contact occurs during or within 2 years after the period in which the victim is his or her client or patient and not his or her spouse. The consent of the victim is not a defense to a prosecution under this subdivision. This does not indicate that the victim is mentally incompetent. (2) Criminal sexual conduct in the fourth degree is a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $500.00, or both. (all code taken verbatim from www.michiganlegislature.com) For the record, "adultery" has pretty much always involved at least one married person.
18 responses total.
These should mostly be unconstitutional, or unenforceable, because of the *prejudgments* of "lewdly and lasciviously", "gross lewdness and lascivious behavior", "act of gross indecency", or "abominable and detestable crime against nature", if a specific act is not named. For example, simply having sexual intercourse is not named in 750.335 or 750.338.
Note the definite article on "abominable and detestable crime against nature": There's exactly one that we're refering to, and we're too prudish to tell you exactly what it is, and besides, we ALL know anyway. Much of that particular act (and this is just a sampling) is unconstitutional. The same act contains the infamous "no swearing in front of women and children" law that was, in fact, just ruled unconstitutional.
A guy in Ann Arbor tried to make the Sodomy law go away some years ago. He's paralyzed from the waist down, and had two ex-girlfriends wheel him into the AAPD and try to file charges because he had performed oral sex on them. The cops on duty basically told him to piss off, because they had real crimes to investigate. That's the problem with trying to get rid of one of these laws -- it usually takes someone dumb enough to prosecute under it. The swearing defendant was unlucky enough to run into one.
This response has been erased.
I wish to commit the abominable and detestable crime against nature!
Whose nature?
Re #5: You're gonna continue grexing?
This response has been erased.
Re #3: Charlie Van Boven. I attended the same school with him; can't say I knew him, though. I like arabella's take on the complaint: the women come up to the desk sargeant and say, "He gave us orgasms with his tongue, and we want to complain." I'm amazed that the cop could keep a straight face long enough to tell them to get lost.
"What, was he bad at it?"
Charlie Van Boven... One summer, several years ago, I lived in the
"Joint House" co-op on S. Forest. Charlie Van Boven lived on the ground
floor. I had a couple of inspirations for bumper stickers that he
decided to print up and sell. He never sold enough of them to recover
his costs, and I ended up with a box full of bumper stickers which said
Quayle on Drugs: "Just say Noe!"
and
CLINTON/GORE '92
The LESSER Evil
hello everybody :-).
Re: #9 And after having a good chuckle the lesbian police officer would probably congratulate them.
Hi wangxi.
Re #11: I think I've seen both of those, so he must have sold some of them.
Always liked "Honk if you helped lick Bush in 2000".
Heh, I used to hang out in Joint House. :)
I think the only ones I've ever seen on a car were on my own.
Response not possible - You must register and login before posting.
|
|
- Backtalk version 1.3.30 - Copyright 1996-2006, Jan Wolter and Steve Weiss