750.338b Gross indecency; between male and female persons.

When a male or female engages in a sexual act with a member of the opposite sex in a public location, or a place where a person in the general public may have viewed the act or been exposed to it, those involved may be charged with felony gross indecency. For example, a male and female may engage in an act which involves touching a private part of the body or sexual penetration in a public restroom, park, rest stop, or other location where an innocent bystander may unwittingly witness the act.

Additionally, any individual who is a party to or procures or attempts to procure such an act between a male and female in a public location is guilty of gross indecency.

Punishment:

Gross indecency between male and female persons is a felony offense, which will result in a prison term of up to 4 years and fines of up to $2,500 for those convicted. In addition, if a participant is determined to be a sexually delinquent person he or she may be punished by a maximum term of life in prison.

Other Consequences:

In Michigan, a conviction for certain sex crimes subject a defendant to the requirements of the Michigan Sex Offender Registration Act. Depending on the criminal offense, the defendant may be required to register as a sex offender for a period of 15 years to life. Registered sex offenders are placed on the Michigan Public Sex Offender Registry. The severity of the crime the defendant is convicted of will determine the length of registration. The negative consequences of being placed on the public registry are many, and include the loss of housing and job opportunities, the loss of freedom to attend certain schools, even disqualification for government programs.

Related Crimes:

There are two other crimes that are related to Gross Indecency Between Male and Female Persons. These include:

  • Gross Indecency between Female Persons

  • Gross Indecency between Male Persons

All Gross Indecency offenses are classified as felonies in the state of Michigan.

Experience and Success:

The criminal defense attorneys at Grabel & Associates have substantial experience defending clients accused of all types of sex crimes, including Gross Indecency. Our firm has experienced great success in securing positive results for clients charged with a variety of sex-related offenses; we have also been successful in obtaining acquittals, dismissals, and appealing to have convictions overturned.

Defenses:

Grabel & Associates provides numerous effective defense strategies that can help support your innocence and win your case. Often witnesses are unreliable, or defendants are falsely accused of crimes they did not commit. We also specialize in appealing sentences or convictions and offer post-conviction relief.

THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931

750.338b Gross indecency; between male and female persons.

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.

History: Add. 1939, Act 148, Eff. Sept. 29, 1939 ;-- CL 1948, 750.338b ;-- Am. 1952, Act 73, Eff. Sept. 18, 1952