THE CODE OF CRIMINAL PROCEDURE
Act 175 of 1927
767.61a Indictment; offense committed by sexually delinquent person; prosecution; expert testimony provided; examination of witnesses; testimony in open court; record; punishment.
Sec. 61a.
In any prosecution for an offense committed by a sexually delinquent person for which may be imposed an alternate sentence to imprisonment for an indeterminate term, the minimum of which is 1 day and the maximum of which is life, the indictment shall charge the offense and may also charge that the defendant was, at the time said offense was committed, a sexually delinquent person. In every such prosecution the people may produce expert testimony and the court shall provide expert testimony for any indigent accused at his request. In the event the accused shall plead guilty to both charges in such indictment, the court in addition to the investigation provided for in section 35 of chapter 8 of this act, and before sentencing the accused, shall conduct an examination of witnesses relative to the sexual delinquency of such person and may call on psychiatric and expert testimony. All testimony taken at such examination shall be taken in open court and a typewritten transcript or copy thereof, certified by the court reporter taking the same, shall be placed in the file of the case in the office of the county clerk. Upon a verdict of guilty to the first charge or to both charges or upon a plea of guilty to the first charge or to both charges the court may impose any punishment provided by law for such offense.
History: Add. 1952, Act 234, Eff. Sept. 18, 1952
Notes of Decisions
Cited in
28
cases (
3 in the last 5 years), 1975–2025 · leading case:
People v. Breidenbach, 798 N.W.2d 738 (Mich. 2011).
People v. Breidenbach, 798 N.W.2d 738 (Mich. 2011).
· cites it 37× “We hold that because the sexual delinquency statute, MCL 767.61a, neither explicitly nor implicitly requires that a separate jury determine the issue of sexual delinquency apart from the primary offense, the Helzer Court erred when it created a compulsory rule to that effect.”
People of Michigan v. Lonnie James Arnold, 918 N.W.2d 164 (Mich. 2018).
· cites it 14× “" The "procedural provision," MCL 767.61a, sets out how an individual accused of one of the predicate offenses can also be accused of being a sexually delinquent person: In any prosecution for an offense committed by a sexually delinquent person for which may be imposed an…”
People v. Helzer, 273 N.W.2d 44 (Mich. 1978).
· cites it 8× “MCL 767.61a; MSA 28.1001(1) [12] provides for a separate hearing and *419 record, [13] involving psychiatric and expert testimony on the question.”
People v. Winford, 273 N.W.2d 54 (Mich. 1978).
· cites it 10× “MCL 767.61a; MSA 28.1001(1). [2] Before trial the sexual delinquency charge was deleted on the assumption that the charge might properly be brought after trial on the principal offense of indecent exposure.”
People v. Franklin, 828 N.W.2d 61 (Mich. Ct. App. 2012).
· cites it 5× “*543 MCL 767.61a provides, in pertinent part, that when the possibility of adjudicating a defendant as a sexually delinquent person is in issue, the indictment shall charge the offense and may also charge that the defendant was, at the time said offense was committed, a sexually…”
People v. Buehler, 727 N.W.2d 127 (Mich. 2007).
· cites it 2× “" [7] The panel relied on MCL 767.61a, which provides that a person convicted of indecent exposure may receive "any punishment provided by law for such offense.”
People v. Kelly, 465 N.W.2d 569 (Mich. Ct. App. 1990).
“1001(1) also provides in pertinent part: In any prosecution for an offense committed by a sexually delinquent person for which may be imposed an alternate sentence to imprisonment for an indeterminate term, the minimum of which is 1 day and the maximum of which is life, the…”
People v. Murphy, 513 N.W.2d 451 (Mich. Ct. App. 1994).
· cites it 4× “200(1), MCL 767.61a; MSA 28.1001(1). The provision on indecent exposure states: Any person who shall knowingly make any open or indecent exposure of his or her person or the person of another shall be guilty of a misdemeanor, punishable by imprisonment in the county jail for not…”
People v. Buehler, 710 N.W.2d 55 (Mich. Ct. App. 2006).
· cites it 3× “” With respect to such persons, MCL 767.61a further provides that [i]n any prosecution for an offense committed by a sexually delinquent person for which may be imposed an alternate sentence to imprisonment for an indeterminate term, the minimum of which is 1 day and the maximum…”
People v. Seaman, 255 N.W.2d 680 (Mich. Ct. App. 1977).
· cites it 2× “Defendant was sentenced on this charge to one day to life apparently pursuant to MCLA 767.61a; 28.1001(1). That section provides in pertinent part: "In any prosecution for an offense committed by a sexually delinquent person for which may be imposed an alternate sentence to…”
People of Michigan v. Keith Darrius Manders (Mich. Ct. App. 2020).
· cites it 12× “302A states, in pertinent part, that “[t]he court may not accept a plea of guilty or nolo contendere unless it is convinced that the plea is understanding, voluntary, and accurate.”
People v. Winford, 229 N.W.2d 474 (Mich. Ct. App. 1975).
· cites it 3× “The prosecutor argues that MCLA 767.61a; MSA 28.1001(1) allows him to charge a defendant with being a sexually delinquent person in the same information that charges indecent exposure.”
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