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: 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).Former Law: See section 1 of Act 198 of 1903, being CL 1915, § 15511; and CL 1929, § 16851.
Structure Michigan Compiled Laws
Chapter 750 - Michigan Penal Code
Act 328 of 1931 - The Michigan Penal Code (750.1 - 750.568)
328-1931-XLVIII - Chapter XLVIII Indecency and Immorality (750.335...750.347)
Section 750.335 - Lewd and Lascivious Cohabitation and Gross Lewdness.
Section 750.336 - Repealed. 1974, Act 266, Eff. Apr. 1, 1975.
Section 750.337 - Repealed. 2015, Act 210, Eff. Mar. 14, 2016.
Section 750.338 - Gross Indecency; Between Male Persons.
Section 750.338a - Gross Indecency; Female Persons.
Section 750.338b - Gross Indecency; Between Male and Female Persons.
Section 750.339-750.342 - Repealed. 1974, Act 266, Eff. Apr. 1, 1975.
Section 750.343 - Repealed. 1957, Act 265, Imd. Eff. June 13, 1957.
Section 750.343a-750.343d - Repealed. 1984, Act 343, Eff. Mar. 29, 1985.
Section 750.343e - Repealed. 1978, Act 33, Eff. June 1, 1978.
Section 750.344-750.346 - Repealed. 1984, Act 343, Eff. Mar. 29, 1985.