Michigan Crime Against Nature – Sodomy Law
Michigan Criminal Defense Attorneys
Michigan’s “Crime Against Nature” law is probably best described as a holdover from the centuries old European common law. Nonetheless, there are still prosecutions for this crime and there are severe punishments and consequences for those convicted of this offense. Those consequences include possible prison time and registration on the Michigan Sex Offender Registry.
What is a Crime Against Nature?
Any person who commits an “abominable and detestable crime against nature” either with people or animals may be charged with a felony with a maximum penalty of 15 years in prison; or if such person is deemed “sexually delinquent,” then that person may face a maximum penalty of up to life in prison.
“Abominable and detestable crimes against nature” encompasses two categories of crimes: (a) with a human being and (b) with an animal. At common law, a “crime against nature” covered both sodomy and bestiality. Michigan follows the common-law definition of sodomy which includes anal copulation and not fellatio. However, bestiality includes a broader range of conduct than common-law sodomy, including any sexual connection between a human being and an animal.
In a prosecution for sodomy, sexual penetration regardless of how slight is sufficient for completion of the crime. Emission, or ejaculation, does not need to be proven.
What is a Sexually Delinquent Person?
Under Michigan law, a “sexually delinquent person” is defined as any person whose sexual behavior is:
- characterized by compulsive or repetitive or acts, indicating a disregard of the recognized rights of others or consequences; or
- attempting sex by force on another individual; or
- sexual aggression against minors under the age of 16.
If whether a person is sexually delinquent is in issue, a hearing may be held with evidence presented to make that determination. Being a sexually delinquent person is not a crime under Michigan’s criminal statutes. Rather, it is a sentencing enhancement that give a sentencing judge sweeping authority to consider a sentence of up to life in prison.
Michigan Sex Crimes Defense Attorneys
We have defended many sex crime cases, yielding many outstanding outcomes. The Kronzek Firm PLC offers a free consultation at (866) 7-NoJail for those wanting to hire an attorney. Our attorneys extensive criminal sexual conduct defense experience can make the difference for your case.