What Is Sodomy? Are Michigan Sodomy Laws Illegal?

Basically, sodomy is an act engaging in any type of any oral sex act or anal sex act that would not lead to procreation (having babies). See this web article that reviews some of the history of sodomy laws in America as the author explains sodomy laws 2022 and answers the common question of “is oral sex legal in Michigan?”

Why is sodomy a crime? The better question, as we move in the year 2023 is “where is sodomy a crime?” The short answer to that is “if done in public,” a sodomy offense in MI can be prosecuted as a felony.

“Sodomy” is a word that pertains to sex acts that historically were banned by many religions, but also found its way into most nations’ laws. So, religion came first, and governments were later organized that incorporated many concepts and principles from religious teachings (e.g., “thou shalt not kill.”)

Is oral sex illegal in Michigan? Sodomy laws generally prohibit oral and anal sex, even between consenting adults. While most of these laws apply to both straight and gay people, they are primarily used against lesbians and gay men.

For example, some courts have held that sodomy laws justify separating parents from their children, when an accused parent is convicted. Once placed on the national sex offender registry and State of Michigan PSOR (public sex offender registry), a person’s life is monitored thereafter.

Is Sodomy still a Crime? Laws are still in place in 16 states (including under Michigan law) that criminally punish people for forcible or non-consensual sex acts against others. Today, sodomy criminal charges are very rare anywhere in America, except for situations where an act of sodomy occurs in a public place, which is still a sex crime.

Sodomy crime definition. These statutes (including Michigan’s 1931 “crime against nature charge” as found under MCL 750.158, which is now unenforceable) are generally called “sodomy laws.” As you read over the now-unenforceable law, you can tell how overly broad it is.

Most old sodomy laws that did not exclude consensual sex acts in private places are worded in a manner that makes them unenforceable. This is because the United States Supreme Court has outlawed statutes that seek to criminal acts of consensual sodomy that occur in private places (e.g., the bedroom of a home or apartment or hotel room).

In Lawrence v. Texas, 539 U.S. 558 (2003), where a Texas man’s conviction for sodomy was overturned, and laws regulating consensual sodomy in America was forever changed. The 6-3 high court decision overturned all laws criminalizing sex between consenting adults, when done in private places, and not in public.

Is it Illegal to have Oral Sex in Michigan? In private places, no. In public, where others can see you, yes, under Michigan’s Gross Indecency” laws. Plus, this 1967 Michigan appellate decision seems favorable. “Michigan follows the common-law definition of sodomy, which covered only copulation per anum, not fellatio.” [The holding in People v. Dexter, 6 Mich.App. 247, 148 N.W.2d 915 (1967)].

Gross Indecency: A Criminal Sexual Conduct “in Public” Crime

Gross indecency is (in the State of Michigan) a statute that addresses voyeurisms, which are sexual acts of any kind that arise from people engaging in any sexual activity in a public area. This can be between two or more people when the acts occur in a location where another member of the public (man, woman, or child) did see or could potentially see the activities that are occurring.

Examples of such “public” places include rest stops, bathrooms, parks, and private homes with open windows. So, assume that if the sex acts can be viewed through an apartment or home window, or the windshield of a car, truck, or van where the public has access, this can be a crime in Michigan.

It must involve more than kissing and some form of touching of private parts and (or) sexual penetration. In a related crime, any other individual who goads the offenders to break the law or attempts to convince others to engage in such an act between a male & female (in a public location) can be charged with and found guilty of gross indecency. Prosecution is likely in many cases.

Contact Our Statewide Coverage Team at Barone Defense Firm

Without question, of all types of criminal convictions, sex crimes fall into a top priority for retaining skilled and knowledgeable legal counsel, Being on a sex offender registry can end careers and even control where a person can live in the United States, Call our Michigan sex crimes lawyer for a free initial consultation.

Contact us 24 hours a day at our criminal law firm’s easy to remember toll-free number, 1-877-ALL-MICH or 877-255-6424. Receive a free sex crimes offense case review.

The Michigan lawyers near me at Barone Defense Firm travel the entire Great Lakes State, to assist citizens in legal trouble for alleged sex crimes in Michigan.

For your FREE lawyer consultation about your pending sex charges, call today to learn how to protect yourself from a possible unwarranted felony conviction. What do you have to lose, when the free legal advice with our sex law litigation team’s criminal lawyers near me can answer many tough questions?