Michigan Criminal Sexual Conduct, Sodomy, and Gross Indecency
There are lots of sex crimes people can be charged with in Michigan. Various sexual behaviors are outlawed by different statutes: criminal sexual conduct (CSC), sodomy, and gross indecency are a few of the unlawful acts.
These statutes set out the punishment for both same-sex (same-gender) and opposite-sex (opposite-gender) sexual conduct that is outlawed here in Michigan. Non-consensual sexual conduct can be penalized, but so can consensual sexual conduct in certain cases. Because of this, it is important that you understand your rights in Michigan.
At The Kronzek Firm, our attorneys have been dealing with sex crime cases for decades and have extensive experience to help you through your case.
It is also important to understand what kinds of sexual activities are considered legal. In the late 1980s, for instance, the United Stated Supreme Court upheld the constitutionality of a sodomy law in Bowers v. Hardwick. In this case, the Supreme Court rejected the argument that individuals have a fundamental right to engage in homosexual activity (i.e., same-gender sex).
However, as societal norms change, so do our definitions of sex crimes and the corresponding laws. In 2003, our Supreme Court invalidated a Texas anti-homosexuality sodomy law in the landmark case of Lawrence v. Texas.
The Supreme Court struck this law, reasoning that private sexual conduct was protected by the liberty rights implicit in the Due Process and Equal Protection Clauses of the United States Constitution. Similarly, Michigan has transformed its statutes relating to same-sex crimes.
Criminal Sexual Conduct:
Most sex crimes are covered under Michigan’s Criminal Sexual Conduct (CSC) statute. Under Michigan law, there are four degrees of CSC. Allegations of first- and third-degree CSC usually involve some kind of penetration. Allegations of second and fourth degree CSC usually involve touching without penetration. CSC penalties can vary from two years of imprisonment to life imprisonment, depending on the severity of the conviction.
Michigan’s CSC statute allows for the prosecution of both men and women for unlawful sexual conduct. A man can be charged with CSC for man-on-man, man-on-woman, or man-on-child conduct. Similarly, women can be charged with woman-on-woman, woman-on-man, or woman-on-child conduct.
Sodomy:
Historically, sodomy statutes have been written to target gay men because homosexual activity was viewed as unnatural and perverse. Therefore, anal penetration or intercourse were considered illegal by sodomy laws.
With changed societal perceptions of what is and isn’t acceptable, Michigan courts and statutes now tend to refer to sodomy as a ‘crimes against nature.’
In Michigan, now someone can be prosecuted for sodomy if they engage in conduct that society sees as improper or offensive. Sodomy encompasses illicit sexual conduct between both men and women and between mankind and animals.
This includes bestiality, which is a sexual connection between a man or woman and an animal. This type of activity is considered unnatural, improper, and offensive. The Kronzek Firm criminal attorneys have represented multiple criminal defendants that were charged with bestiality.
Also included in Michigan’s sodomy statute is anal sex. Oral sex, on the other hand, isn’t considered sodomy but gross indecency. In Michigan, sodomy penalties can be quite hefty. Being convicted of sodomy can result to up to 15 years in prison. Even worse is if a person is classified as a sexual delinquent, as this can lead to substantially harsher sentences.
Gross Indecency:
Gross indecency is any sexual act that the common sense of society regards as indecent and improper. In Michigan, there are statutes against gross indecency. Gross indecency in Michigan relies on the community’s sense of morality and propriety. This means that gross indecency is normally taken on a case-by-case basis and really depends on the situation surrounding the act.
In Michigan, gross indecency normally involves oral sex, both fellatio (oral sex on a male) and cunnilingus (oral sex on a female). Most often, gross indecency involves these sexual acts when they are committed in a public space, or when these acts involve an adult and a minor.
Our criminal defense team reports that they normally see these charges when police or undercover detectives find people engaged in sexual activity in rest stops, parking lots or parks.
Similar to sodomy, gross indecency also carries harsh penalties. A person convicted of gross indecency may face up to 5 years in prison, a fine of up to $2,500, or both. And again, if this person is also classified as sexually delinquent, the penalties could be even harsher still.
Your Michigan Sex Crime Attorneys
Sex crime statutes in Michigan have a tendency to be wordy and confusing. You will need an experienced and knowledgeable sex crime attorney if you have been arrested or charged with a sex crime in Michigan.
Our attorneys at The Kronzek Firm have been at this work for decades, allowing our attorneys to be extremely experienced in handling sex crimes and related charges. We have helped clients accused of sex crimes throughout all of Michigan. We are ready to help you next!
Call The Kronzek Firm today at 866-766-5245 (1 866-7NoJail) to speak with a highly experienced sex crime defense attorney.