THE MICHIGAN PENAL CODE
Act 328 of 1931
750.338 Gross indecency; between male persons.
Sec. 338.
Any male person who, in public or in private, commits or is a party to the commission of or procures or attempts to procure the commission by any male person of any act of gross indecency with another male person shall be guilty of a felony, punishable 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: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.338 ;-- Am. 1952, Act 73, Eff. Sept. 18, 1952
Constitutionality Notes:
This section, which prohibits "acts of gross indecency," is not unconstitutionally vague as applied to forced fellatio and fellatio with a minor. People v Howell, 396 Mich 16; 238 NW 2d 148 (1976).
FormerLaw Notes:
See section 1 of Act 198 of 1903, being CL 1915, § 15511; and CL 1929, § 16851.
Notes of Decisions
Cited in
72
cases (
3 in the last 5 years), 1966–2026 · leading case:
People v. Lino, 527 N.W.2d 434 (Mich. 1994).
People v. Lino, 527 N.W.2d 434 (Mich. 1994).
· cites it 32× “I These consolidated cases require us to decide the following questions: (1) whether MCL 750.338; MSA 28.570, is unconstitutionally vague, (2) whether the common-sense-of-the-community definition of gross indecency should be overruled, (3) whether oral sexual conduct committed…”
People v. Helzer, 273 N.W.2d 44 (Mich. 1978).
· cites it 16× “Richard Lee Helzer was charged in Alpena County with committing two acts of gross indecency with another male, contrary to MCL 750.338; MSA 28.570. [1] In the same two-count information, he was further charged with being a sexually delinquent person at the time of the offenses.”
People v. Masten, 292 N.W.2d 171 (Mich. Ct. App. 1980).
· cites it 10× “The defendant was charged with attempting to procure an act of gross indecency, MCL 750.338; MSA 28.570. [1] At his trial before the *129 bench, the people's evidence indicated that on the evening of August 6, 1976, the defendant approached three Grand Rapids police officers in…”
People v. Hunt, 501 N.W.2d 151 (Mich. 1993).
· cites it 4× “MCL 750.338; MSA 28.570. [9] The prosecution unquestionably satisfied its burden by virtue of the victim's testimony at the preliminary examination.”
People v. Kalchik, 407 N.W.2d 627 (Mich. Ct. App. 1987).
· cites it 4× “364(1)(f), conditioned upon his right to appeal the circuit court's denial of his motions to quash the information and to suppress certain evidence.”
People v. Brashier, 496 N.W.2d 385 (Mich. Ct. App. 1992).
· cites it 6× “1990-6, 436 Mich lxxxiv (1990), which were continued in effect by Administrative Order No. 1991-11, 439 Mich cxliv (1991).”
People of Michigan v. Lonnie James Arnold, 918 N.W.2d 164 (Mich. 2018).
“SEXUAL-DELINQUENCY SENTENCING BEFORE THE GUIDELINES As noted, the threshold question we must address is what the proper interpretation of the sexual-delinquency scheme was before the sentencing guidelines were adopted in 1998.”
People v. Temelkoski, 859 N.W.2d 743 (Mich. Ct. App. 2014).
· cites it 2× “158, MCL 750.338, MCL 750.338a, or MCL 750.338b].”
People v. Penn, 247 N.W.2d 575 (Mich. Ct. App. 1976).
· cites it 2× “MCLA 750.338; MSA 28.570. On November 12, 1974, defendant was sentenced to a term of from 3 to 5 years in prison.”
People v. Howell, 238 N.W.2d 148 (Mich. 1976).
“2 MCLA 750.338; MSA 28.570. 3 The trial judge saw substance in the challenge but regarded it to be beyond her prerogative to grant the relief sought in face of decisions of the Court of Appeals.”
People v. Myers, 409 N.W.2d 788 (Mich. Ct. App. 1987).
· cites it 4× “By way of interlocutory appeal, defendant was granted leave to appeal from an order denying his motion to dismiss the charge against him of one count of gross indecency with another male, MCL 750.338; MSA 28.570. The facts giving rise to this case are essentially undisputed.”
People v. Jones, 563 N.W.2d 719 (Mich. Ct. App. 1997).
· cites it 4× “1 The statute at issue in Carey was the predecessor of, and is- nearly identical to, MCL 750.338; MSA 28.570 and provided [t]hat any male person who in public or private commits or is a party to the commission of or procures or attempts to procure the commission by any male…”
— Mich. Comp. Laws § 750.338(b) — 5 cases
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