The Supreme Court's decision in Lawrence v. Texas impels us to unearth and display some of the old statutes still on the books in this state, maggots and all. Michigan has adopted, as many other states have, one of the most ridiculous legislative phrases known to modern law in Section 158 of the Michigan Penal Code.
750.158 Crime against nature or sodomy; penalty.
Sec. 158.
Any person who shall commit the abominable and detestable crime against nature either with mankind or with any animal shall be guilty of a felony, punishable by imprisonment in the state prison not more than 15 years, 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.
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.
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.
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.
A note on the "abominable and detestable crime against nature" -- It is not clear where the phrase originated, although some sources say that this was the common law formulation prohibiting certain sex acts. Several other states use precisely the same formulation, and others use the similar phrase "the infamous crime against nature". See the compilation at Sodomy.org for the complete listing. Michigan's statute was adopted in 1931. This leads me to wonder whether we had some Depression-era Comstock urging the states to pass laws prohibiting this practice -- whatever it may be.
7:22:48 PM 
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