Mich. Comp. Laws » Michigan Compiled Laws / Chapter 750 / Act 328 of 1931
Michigan Compiled Laws

Mich. Comp. Laws § 750.338a (2026)

Gross indecency; female persons.

✓ current as of July 2026
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THE MICHIGAN PENAL CODE


Act 328 of 1931


750.338a Gross indecency; female persons.

Sec. 338a.

    Any female person who, in public or in private, commits or is a party to the commission of, or any person who procures or attempts to procure the commission by any female person of any act of gross indecency with another female 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: Add. 1939, Act 148, Eff. Sept. 29, 1939 ;-- CL 1948, 750.338a ;-- Am. 1952, Act 73, Eff. Sept. 18, 1952

Notes of Decisions
Cited in 16 cases (2 in the last 5 years), 1967–2021 · leading case: People v. Lino, 527 N.W.2d 434 (Mich. 1994).
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People v. Lino, 527 N.W.2d 434 (Mich. 1994). · cites it 6× “[P]rosecutions brought under other gross indecency statutes which also do not define an "act of gross indecency," namely MCL 750.338a; MSA 28.570(1) (gross indecency between females) and MCL 750.”
People v. Helzer, 273 N.W.2d 44 (Mich. 1978). · cites it 6× “567(1) (indecent exposure); MCL 750.338a; MSA *417 28.570(1) (gross indecency, females); MCL 750.”
People v. Brown, 564 N.W.2d 919 (Mich. Ct. App. 1997). · cites it 10× “§ 750.338a; M.S.A. § 28.570(1). We reverse and remand.”
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× “338, MCL 750.338a, or MCL 750.338b]. (ii) The victim was 13 years of age or older but less than 16 years of age at the time of the violation.”
People v. Masten, 292 N.W.2d 171 (Mich. Ct. App. 1980). · cites it 2× “570 (gross indecency between males), MCL 750.338a; MSA 28.570(1) (gross indecency between females), MCL 750.”
People v. Livermore, 155 N.W.2d 711 (Mich. Ct. App. 1967). · cites it 2× “Defendant, Julie Livermore, was charged with, and convicted by jury trial of, com *52 mitting an act of gross indecency with another female person contrary to CLS 1961, § 750.338a (Stat Ann 1954 Rev §28.570[1]).”
People v. Emmerich, 437 N.W.2d 30 (Mich. Ct. App. 1989). “See MCL 750.338a; MSA 28.570(1) and MCL 750.338b; MSA 28.”
People v. Seaman, 255 N.W.2d 680 (Mich. Ct. App. 1977). “570, MCLA 750.338a; MSA 28.570(1), MCLA 750.338b; MSA 28.”
People v. Myers, 409 N.W.2d 788 (Mich. Ct. App. 1987). “Similarly, prosecutions brought under other gross indecency statutes which also do not define *220 an "act of gross indecency,” namely MCL 750.338a; MSA 28.570(1) (gross indecency between females) and MCL 750.”
People v. Holland, 211 N.W.2d 224 (Mich. Ct. App. 1973). “570) and between two female persons (MCLA 750.338a; MSA 28.570[1]). 2 For analyses of the question of statutory indefiniteness in generad, see Comment, 53 Mich L Rev 264 (1954), and Note, 62 Harvard L Rev 77 (1948).”
People v. Trammell, 429 N.W.2d 810 (Mich. Ct. App. 1988). “570, and between two female persons, MCL 750.338a; MSA 28.570(1). 5 People v William Clark, 68 Mich App 48, 52 ; 241 NW2d 756 (1976); People v Dexter, 6 Mich App 247, 252-253 ; 148 NW2d 915 (1967).”
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