THE MICHIGAN PENAL CODE
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
Notes of Decisions
Cited in
61
cases (
2 in the last 5 years), 1970–2021 · leading case:
People v. Oliphant, 250 N.W.2d 443 (Mich. 1976).
People v. Oliphant, 250 N.W.2d 443 (Mich. 1976).
· cites it 4× “788, and gross indecency, MCLA 750.338b; MSA 28.570(2). After the convictions were affirmed [1] defendant was granted leave to appeal by this Court [2] so that we might consider the issues raised.”
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.”
People v. Helzer, 273 N.W.2d 44 (Mich. 1978).
· cites it 6× “570(1) (gross indecency, females); MCL 750.338b; MSA 28.570(2) (gross indecency, male-female).”
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. This, in turn, has three components: first, whether…”
People v. Temelkoski, 859 N.W.2d 743 (Mich. Ct. App. 2014).
· cites it 2× “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. Gunnett, 404 N.W.2d 627 (Mich. Ct. App. 1987).
· cites it 5× “The defendants, Delbert James Gun-nett and Judith Lynn Gunnett, husband and wife, were charged with gross indecency with a person of the opposite sex in violation of MCL 750.338b; MSA 28.570(2). Defendants moved to dismiss and the lower court, relying upon Griswold v…”
People v. Rappuhn, 260 N.W.2d 90 (Mich. Ct. App. 1977).
· cites it 4× “MCLA 750.338b; MSA 28.570(2). We sympathize with the difficulty that thus confronted the trial judge in formulating an instruction that adequately conveyed to the jury the idea that the asportation must have significance independent of any underlying activity, without at the…”
People v. Jones, 254 N.W.2d 863 (Mich. Ct. App. 1977).
· cites it 2× “Defendant was convicted by a jury of gross indecency, MCLA 750.338b; MSA 28.570(2), assault with a dangerous weapon, MCLA 750.”
People v. Masten, 292 N.W.2d 171 (Mich. Ct. App. 1980).
· cites it 4× “MCL 750.338b; MSA 28.570(2) (gross indecency between male and female).”
People v. Payne, 282 N.W.2d 456 (Mich. Ct. App. 1979).
· cites it 2× “We note in passing that this raises the significant issue as to just how much or what type of mental injury is required to support a CSC I conviction.”
People v. Alcala, 237 N.W.2d 475 (Mich. 1976).
· cites it 2× “The court instructed the jury, following which a recess was declared. During the recess the court conferred with counsel for the purpose of recording objections to the instructions.”
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