ARE YOU A SEX CRIMINAL?
Scene One:
ou stand before the judge; a trickle of sweat runs down
your temple and hangs from your jaw, glistening in the morning light streaming in through the courtroom windows. The judge clears his throat and begins: "You stand convicted on one count of sodomy and on one count of gross indecency. It is the sentence of this court that you serve a term of 15 years on the first count. Further, having been found guilty on the second count of gross indecency twice previously, you are considered by this court to be sexually delinquent." The judge shifts in his high backed leather chair, and your mother weeps softly in the gallery just behind you.
"Therefore it is the judgement of this court that you be imprisoned for a term not to exceed 50 years. Bailiff, the prisoner is remanded to your custody. Court is adjourned." As the deputy leads you away you think "This can't be happening. It can't. It's not real."' But it is.
******
Unlikely as the above scenario seems, as unreal and nightmarish as it appears, it is a very real possibility for anyone reading it. It could be you. Or a friend. Especially if you're a gay or lesbian person. Incredible as it seems, Michigan's sex crime laws still prohibit many consensuals, acts between adults, even if they are heterosexual and even if they are married.
Of course, legislation and enforcement are two different kettles of fish. Rarely, if ever, are and of these laws enforced against heterosexual people (with the exception of the anti-prostitution, child protection and rape laws). But they do provide a convenient
reason to hassle, harrass and prosecute gay people for those officials inclined to do so.
The following listings of "sex crimes" are still on the books in the State of Michigan, all are felonies, and all are very enforceable
Read on and be enlightened. (* symbol designates statute often used against gay people)
CURRENT MICHIGAN LAWS
Sex Crimes
The only sexual behavior that is always legal is normal coitus (sexual intercourse) or non-genital area petting between husband and wife. All other situations may be illegal. Consult the following:
ADULTERY (M.C.L.A. 750.29 750.31)
Sexual intercourse between two persons when either one is married to someone else. Penalty: Both could be imprisoned up to 4 years and/or fined $2,000 COHABITATION BY DIVORCED PARENTS (M.C.L.A. 750.32)
Living together as husband and wife although legally divorced. Penalty: Same as adultery.
SOLICITING A CHILD FOR IMMORAL PURPOSE (M.C.L.A. 750.145 a. & b.)
Suggeting sexual intercourse or act of gross indecency (see below) or other act of depravity to a child under 16 years of age. Penalty: Jail up to 1 year for first offense, prison up to 4 years for subsequent offenses. SODOMY (M.C.L.A. 750.158)
Anal intercourse with mankind or animal. Penalty: up to 15 years in prison.
HETERSEXUAL LASCIVIOUS COHABITATION OR OPEN LEWD BEHAVIOR (M.C.L.A. 750.335)
A man and woman, not married to each other, who live together and have sex or such unmarried persons whose behavior is "open and gross lewdness. Penalty: Jail up to 1 year and/or fined $500.
INDECENT EXPOSURE (M.C.L.A. 750.335a)
An intentional exposure of the body. Penalty: Jail up to 1 year and/or fine up to $500. If sexually delinquent imprisonment up to life.
GROSS INDECENCY (M.C.L.A. 750.338; 750.338a; & 750.338b)
Oral or manual stimulation of the genitals of any person including a spouse. Penalty: Imprisonment up to 5 years and/or fine of $2.500. If sexually delinquent imprisonment up to life.
SEDUCTION (M.C.L.A. 750.532)
Sexual intercourse with an unmarried woman who consents due to promises made by the seducer. Penalty; up to 5 years in prison and/or $2,500 fine.
***A "sexual delinquent" person is a person whose sexual behavior is characterized by repetitive or compulsive acts which indicate a disregard of consequences, the rights of others, uses force, or involves child under age 16. (M.C.L.A. 750.10a)
Prostitution Crimes
SOLICITING AND ACCOSTING (M.C.L.A. 750.448)
Any person who by any means, at any place invites another person to commit prostitution or "other lewd or immoral acts." ADMITTING A PERSON TO A PLACE FOR THE PURPOSE OF PROSTITUTION (M.C.L.A. 750.449)
Allowing your motel, car, or house to be used for prostitution, lewdness or assignation.
'MALE ENGAGING SERVICES OF A PROSTITUTE (M.C.L.A. 750.449a)
A john who offers to pay money for sex.
AIDER AND ABETTORS (M.C.L.A. 750.450)
Any person 17 years or older who assists in any violation of prostitution laws (pimps).
PENALTY FOR PROSTITUTION OFFENSES (M.C.L.A. 750,451)
First Offense: 90 days in jail and/or $100 fine. Second Offense: up to 1 year in jail and/or $500 fine, Subsequent Offenses: Imprisonment up to 2 years.
POLICE OFFICER EXAMPTION (M.C.L.A. 750.451a)
Prostitution laws do not apply to a police officer in the performance of his duty. (Entrapment and under cover allowed).
Rape Laws
CRIMINAL SEXUAL CONDUCT (M.C.L.A. 750.520)
First degree criminal sexual conduct: sexual penetration plus any one of the following:
1. victim is under 13,
2. victim is 13, 14, or 15 and actor is related to or in a position of authority over the victim,
3. commited during any other felony,
4. actor is aided by others or use force or knew that the victim is helpless mentally or physical (i.e. drunk, high, etc.)
5. actor is armed or pretends to be,
6. force is used and the victim is injured, or
7. the victim is injured and actor knew victim was helpless.
Penalty: up to life imprisonment.
Second degree criminal sexual conduct: touching or genital area plus any of the itemized situations above (1st degree). Penalty: up to 15 years imprisonment.
Third degree criminal sexual conduct: sexual penetration plus any one of the following:
1. victim is 13. 14, 15 years of age,
2. face is used, or
3. actor knows victim is physically or mentally helpless.
Penalty: up to 15 years imprisonment.
Fourth degree criminal sexual conduct: touching of genital areas and use of force or the actor knows the victim is physically or mentally helpless to resist. Penalty: up to 2 years imprisonment and/or $500 fine.
METRA MAGAZINE 7